Citations:
[2017] UKFTT 266 (HESC)
Links:
Jurisdiction:
England and Wales
Health Professions
Updated: 24 March 2022; Ref: scu.581810
[2017] UKFTT 266 (HESC)
England and Wales
Updated: 24 March 2022; Ref: scu.581810
[2017] UKFTT 129 (HESC)
England and Wales
Updated: 24 March 2022; Ref: scu.581804
[2017] EWHC 809 (Admin)
England and Wales
Updated: 24 March 2022; Ref: scu.581627
[2014] EWHC 520 (Admin)
England and Wales
Updated: 24 March 2022; Ref: scu.581640
Morris J
[2017] EWHC 707 (Admin)
Farriers (Registration) Act 1975
England and Wales
Updated: 24 March 2022; Ref: scu.581622
Holman J
[2017] EWHC 647 (Admin)
England and Wales
Updated: 24 March 2022; Ref: scu.581610
[2017] EWHC 521 (Admin)
England and Wales
Updated: 24 March 2022; Ref: scu.581096
Lang DBE J
[2017] EWHC 476 (Admin)
England and Wales
Updated: 23 March 2022; Ref: scu.580642
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and such injury has in fact been suffered by the parent.
Held: The appeals were dismissed. The doctors had a duty to question whether abuse had occurred, and having honestly formed a suspicion, to act in accordance with the guidance given. The complaint was in substance as to the length of time taken to clear the parent of the false accusation.
health care and childcare professionals investigating allegations of child abuse did not owe a duty of care to the parents of the children concerned.
Lord Bingham of Cornhill (dissenting) said: ‘It could not now be plausibly argued that a common law duty of care may not be owed by a publicly-employed healthcare professional to a child with whom the professional is dealing. The fundamental complaint in each case was the absolute terms of the diagnosis made and ‘a negligent failure to investigate, test, explore, check and verify.”
Lord Nicholls of Birkenhead said: ‘identifying the parameters of an expanding law of negligence is proving difficult, especially in fields involving the discharge of statutory functions by public authorities.’ and ‘Abandonment of the concept of a duty of care in English law, unless replaced by a control mechanism which recognises this limitation, is unlikely to clarify the law. That control mechanism has yet to be identified. And introducing this protracted period of uncertainty is unnecessary, because claims may now be brought directly against public authorities in respect of breaches of Convention rights.’
Lord Nicholls explained that conflict of interest was a persuasive factor here. When considering whether a child has been abused, a doctor should be able to act single-mindedly in the interests of the child and he ought not to have at the back of his mind an awareness that if his doubts about intentional injury or sexual abuse were to prove unfounded he might be exposed to claims by a distressed parent: ‘At that time [when a doctor is carrying out his investigation] the doctor does not know whether there has been abuse by the parent. But he knows that when he is considering this possibility the interests of parent and child are diametrically opposed. The interests of the child are that the doctor should report any suspicions he may have and that he should carry out further investigation in consultation with other child care professionals. The interests of the parent do not favour either of these steps. This difference of interest in the outcome is an unsatisfactory basis for imposing a duty of care on a doctor in favour of a parent.’
Orse D v East Berkshire Community Health NHS Trust
Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Rodger of Earlsferry, Lord Brown of Eaton-under-Heywood
[2005] UKHL 23, [2005] 2 AC 373, Times 22-Apr-2005, [2005] 2 WLR 993
European Convention on Human Rights
England and Wales
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Appeal from – JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Z And Others v The United Kingdom ECHR 10-May-2001
Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their . .
Cited – Hill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .
Cited – TP And KM v The United Kingdom ECHR 10-May-2001
The Grand Chamber found a violation of Articles 8 and 13 and awarded each applicant GBP 10,000 in respect of a separation which lasted a year. Article 8 imposes positive obligations of disclosure on a local authority involved in care proceedings: . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – DS RL v Gloucestershire County Council and London Borough of Tower Hamlets and London Borough of Havering CA 14-Mar-2000
The court considered and restated the criteria for liability set out in X (Minors). . .
Cited – Barrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
Cited – Waters v Commissioner of Police for the Metropolis HL 27-Jul-2000
A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. Her claim was struck out, but restored on appeal.
Held: . .
Cited – A and Another v Essex County Council CA 17-Dec-2003
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child.
Held: Any such duty extended only during the period where the child was with the prospective . .
Cited – A, B v Essex County Council QBD 18-Dec-2002
The applicants sought damages after they had had placed with them for adoption a child who proved to be destructively hyperactive.
Held: The authority might be liable where they failed to disclose to adoptive parents known characteristics of a . .
Cited – Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
Cited – Spring v Guardian Assurance Plc and Others HL 7-Jul-1994
The plaintiff, who worked in financial services, complained of the terms of the reference given by his former employer. Having spoken of his behaviour towards members of the team, it went on: ‘his former superior has further stated he is a man of . .
Cited – E and Others v The United Kingdom ECHR 26-Nov-2002
The four applicants had been abused by their stepfather, and sought investigation of the local authority for failing to protect them. They had been compensated by the Criminal Injuries Compensation Authority in part, but now sought a remedy from the . .
Cited – L (Minor), P (Father) v Reading Borough Council Chief Constable of Thames Valley Police CA 12-Mar-2001
A social worker and police officer interviewed a child and father on allegations of sexual abuse made by the mother. No criminal proceedings followed, but the father alleged that the misrepresentation of the interviews by the officer and social . .
Cited – Sutherland Shire Council v Heyman 4-Jul-1985
(High Court of Australia) The court considered a possible extension of the law of negligence.
Brennan J said: ‘the law should develop novel categories of negligence incrementally and by analogy with established categories. ‘
Dean J said: . .
Cited – CLT v Connon and Others 8-May-2000
Austlii (Supreme Court of South Australia) The father, the appellant, was accused of sexually abusing his three children. He sued for damages alleging negligence on the part of the medical practitioners who . .
Cited – B v United Kingdom ECHR 1987
A local authority considering taking action in respect of a child must consider also the views and opinions of the parents. . .
Cited – Venema v The Netherlands ECHR 17-Dec-2002
A young child aged 11 months was separated from her mother because of fears that the mother was suffering from Munchausen syndrome by proxy and would injure her. The child was returned five months later, following medical reports which found that . .
Cited – P, C And S v The United Kingdom ECHR 16-Jul-2002
The applicants challenged the way in which their newborn children had been removed by the state after birth. S had not had the opportunity of legal representation, after her lawyers had withdrawn. The removal of S’s child was challenged as . .
Cited – Re L (Care: Assessment: Fair Trial) FD 2002
The court emphasised the need, in the interests not merely of the parent but also of the child, of a transparently fair and open procedure at all stages of the care process, including the making of documents openly available to parents.
Munby . .
Cited – W v United Kingdom ECHR 1987
A local authority must, in reaching decisions on children in care, take account of the views and interests of the natural parents, which called for a degree of protection. In the context of care proceedings, public authorities may not be required to . .
Cited – Elsholz v Germany ECHR 13-Jul-2000
A violation of article 8 was found when access to his child was denied to an innocent father. . .
Cited – McMichael v United Kingdom ECHR 2-Mar-1995
In the course of care proceedings, medical and social services’ reports were disclosed to the courts, but not to the parents involved.
Held: The courts’ failure to show reports to the parents in care proceedings was a breach of the Convention. . .
Cited – Everett v Griffiths HL 1921
The plaintiff had been committed to a mental hospital. The question was whether the doctor (Anklesaria) who signed the certificate to support his committal was liable to him in negligence.
Held: The House affirmed the judgment of the Court of . .
Cited – Everett v Griffiths CA 1920
The plaintiff, who had been detained as a lunatic as the result of the decision of Griffiths, a Justice of the Peace and Chairman of the Board of Guardians in reliance on a medical certificate signed by Anklesaria, a Doctor, sued them both in . .
Cited – Kapfunde v Abbey National Plc and Dr Daniel and Another CA 25-Mar-1998
A Doctor employed by a potential employer to report on the health of applicants for employment, owed no duty of care to those applicants. . .
Cited – Smith v Eric S Bush, a firm etc HL 20-Apr-1989
In Smith, the lender instructed a valuer who knew that the buyer and mortgagee were likely to rely on his valuation alone. The valuer said his terms excluded responsibility. The mortgagor had paid an inspection fee to the building society and . .
Cited – Ross v Caunters (a firm) ChD 1979
The court upheld a finding of negligence against a firm of solicitors for failing to ensure the correct attestation of a will, and also the award of damages in favour of a disappointed beneficiary.
A solicitor owes a duty of care to the party . .
Cited – Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital HL 21-Feb-1985
The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised.
Held: The appeal failed. A mentally competent patient has an absolute right to refuse to . .
Cited – Gartside v Sheffield Young and Ellis 1983
(New Zealand) The court discussed the potential liability of a solicitor having failed to prepare an effective will: ‘To deny an effective remedy in a plain case would seem to imply a refusal to acknowledge the solicitor’s professional role in the . .
Cited – Re N CA 20-May-1999
The claimant was a victim of a rape. She alleged that the police had mishandled the prosecution, resulting in the dismissal of the charges against the defendant, which in turn, she said exacerbated her own post traumatic stress disorder.
Held: . .
Cited – Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security HL 17-Oct-1985
Lawfulness of Contraceptive advice for Girls
The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the . .
Cited – B and others v Attorney General and others PC 16-Jul-2003
(New Zealand) Children were removed from their home. The father was interviewed for suspected child abuse, but no charges were laid. He sought damages in negligence for the way the matter had been handled. Children whose allegations against adopted . .
Cited – Sullivan v Moody 11-Oct-2001
(High Court of Australia) A medical practitioner who examines and reports on the condition of an individual may owe a duty to more than one person: ‘The duty for which the [appellant fathers] contend cannot be reconciled satisfactorily, either with . .
Cited – In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA 22-Sep-2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . .
Cited – Attorney-General v Prince and Gardner 1998
(New Zealand Court of Appeal) Claims in negligence were made by the natural mother of a child who had been adopted, and also by the child, now an adult, complaining of the process followed in the adoption and also of failure to investigate a . .
Cited – James Mcgregor Fairlie v Perth and Kinross Healthcare NHS Trust IHCS 8-Jul-2004
A claim for damages might perhaps have been pleaded under article 8 of the European Convention, but since the pursuer’s claim was in effect for loss of reputation, the claim in negligence was bound to fail even if the judge had not held, as he did . .
Cited – Best v Samuel Fox and Co Ltd 1952
The court considered liability for injury to secondary victims. Lord Morton of Henryton: ‘it has never been the law of England that an invitor, who has negligently but unintentionally injured an invitee, is liable to compensate other persons who . .
Cited – Marc Rich and Co Ag and Others v Bishop Rock Marine Co Ltd and Others HL 6-Jul-1995
A surveyor acting on behalf of the classification society had recommended that after repairs specified by him had been carried out a vessel, the Nicholas H, should be allowed to proceed. It was lost at sea.
Held: The marine classification . .
Cited – Dick v Burgh of Falkirk HL 1976
Their lordships were prepared to contemplate the idea of a defender owing a common law duty of care to the victim’s relatives. . .
Cited – Robertson v Turnbull HL 1982
. .
Cited – White and Another v Jones and Another HL 16-Feb-1995
Will Drafter liable in Negligence to Beneficiary
A solicitor drawing a will may be liable in negligence to a potential beneficiary, having unduly delayed in the drawing of the will. The Hedley Byrne principle was ‘founded upon an assumption of responsibility.’ Obligations may occasionally arise . .
Cited – North Glamorgan NHS Trust v Walters CA 6-Dec-2002
A new mother woke in hospital to see her baby (E) fitting. E suffered a major epileptic seizure leading to coma and irreparable brain damage. E was transferred to a London hospital and the following day the claimant was told by a consultant that E’s . .
Cited – Tredget and Tredget v Bexley Health Authority 1994
(Central London County Court) As a result of the defendant hospital’s negligent management of Mrs Tredget’s labour, her baby was born in a severely asphyxiated state and died two days later. The actual birth of the child with its ‘chaos’ or . .
Cited – McLoughlin v O’Brian HL 6-May-1982
The plaintiff was the mother of a child who died in an horrific accident, in which her husband and two other children were also injured. She was at home at the time of the accident, but went to the hospital immediately when she had heard what had . .
Cited – Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not . .
Cited – Brooks v Commissioner of Police for the Metropolis and others HL 21-Apr-2005
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, . .
Cited – AD and OH (A Child) v Bury Metropolitan Borough Council CA 17-Jan-2006
The claimants, mother and son, sought damages from the respondent after they had commenced care proceedings resulting in the son being taken into temporary care. The authority had wrongly suspected abuse. The boy was later found to suffer brittle . .
Cited – Watkins v Home Office and others HL 29-Mar-2006
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was . .
Cited – Lawrence v Pembrokeshire County Council CA 15-May-2007
The claimant complained of the negligence of the defendant council’s social worker’s in putting her four children into care. The Ombudsman had found the council guilty of maladministration and had awarded her andpound;5,000 for distress.
Held: . .
Cited – Rowley and others v Secretary of State for Department of Work and Pensions CA 19-Jun-2007
The claimants sought damages for alleged negligence of the defendant in the administration of the Child Support system.
Held: The defendant in administering the statutory system owed no direct duty of care to those affected: ‘a common law duty . .
Cited – Pierce v Doncaster Metropolitan Borough Council QBD 13-Dec-2007
The claimant sought damages, saying that the local authority had failed to protect him when he was a child against abuse by his parents.
Held: The claimant had been known to the authority since he was a young child, and they owed him a duty of . .
Cited – Mitchell and Another v Glasgow City Council HL 18-Feb-2009
(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and . .
Appeal from – MAK and RK v The United Kingdom ECHR 23-Mar-2010
mak_ukECHR10
When RK, a nine year old girl was taken to hospital, with bruises, the paediatrician wrongly suspecting sexual abuse, took blood samples and intimate photographs in the absence of the parents and without their consent.
Held: The doctor had . .
Cited – James-Bowen and Others v Commissioner of Police of The Metropolis SC 25-Jul-2018
The Court was asked whether the Commissioner of Police of the Metropolis (‘the Commissioner’) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from . .
Cited – Poole Borough Council v GN and Another SC 6-Jun-2019
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 February 2022; Ref: scu.224322
[2017] EWHC 409 (Admin)
England and Wales
Updated: 09 February 2022; Ref: scu.579626
[2016] ScotCS CSIH – 95
Scotland
Updated: 06 February 2022; Ref: scu.578134
[2017] EWCA Civ 78
England and Wales
Updated: 03 February 2022; Ref: scu.577494
[2017] EWHC 325 (Admin)
England and Wales
Updated: 03 February 2022; Ref: scu.577512
The court discussed the scope of the disciplinary process undertaken by the respondent: ‘The fact that the process is investigative and inquisitorial rather than a form of litigation between the parties . . does not mean that the medical service committee or the authority is entitled to investigate and make findings on matters not the subject of complaint.’
Auld LJ
[1995] 1 WLR 961
England and Wales
See Also – Regina v General Medical Council ex parte Dr K S Trivedi CA 3-Mar-1996
. .
See Also – Trivedi, Regina (on the Application Of) v General Medical Council CA 14-Nov-1996
. .
See Also – Trivedi v the General Medical Council PC 18-Nov-1996
(Professional Conduct Committee of the GMC) . .
See Also – Regina v Secretary of State for Health and Family Health Service Appeal Unit ex parte Trivedi CA 13-Dec-1996
. .
See Also – Regina v South Humberside Health Authority ex parte Trivedi Admn 17-Apr-1997
. .
Cited – Nicholas Cavanagh Raymond Bhatt Frank Redmond v The Health Service Commissioner CA 15-Dec-2005
A parent had complained about the closure of a hospital unit which led to his daughter not receiving treatment. The Commissioner in her report commented adversely on the doctors involved. Both doctors and the parent sought judicial review of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 02 February 2022; Ref: scu.237701
Application for a declaration that it would be lawful and in the best interests of the subject child MK for her a) not to receive or have given invasive or aggressive treatment in the form of cardiopulmonary resuscitation, inotropes, intubation and mechanical ventilation; and, b) not to have the insertion of intra-osseous needles, central venous-lines and further chest drains. Her parents the 1st and 2nd Respondents did not agree to this declaration being made.
Russell J
[2017] EWHC 241 (Fam)
England and Wales
Updated: 31 January 2022; Ref: scu.575294
[2017] EWHC 235 (Admin)
England and Wales
Updated: 31 January 2022; Ref: scu.575299
[2017] EWHC 51 (Admin)
England and Wales
Updated: 29 January 2022; Ref: scu.573482
[2016] EWHC 1738 (Admin)
England and Wales
Updated: 28 January 2022; Ref: scu.573372
[2015] EWHC 1737 (Admin)
England and Wales
Updated: 28 January 2022; Ref: scu.573369
[2016] EWHC 1742 (Admin)
England and Wales
Updated: 28 January 2022; Ref: scu.573365
[2016] EWHC 3181 (Admin)
Bailii
England and Wales
Health Professions
Updated: 27 January 2022; Ref: scu.572715
[2016] EWHC 3221 (Admin)
Bailii
England and Wales
Health Professions
Updated: 27 January 2022; Ref: scu.572712
[2016] UKFTT 734 (HESC)
Bailii
England and Wales
Health Professions
Updated: 27 January 2022; Ref: scu.572664
[2016] UKFTT 789 (HESC)
Bailii
England and Wales
Health Professions
Updated: 27 January 2022; Ref: scu.572665
[2016] UKFTT 745 (HESC)
Bailii
England and Wales
Health Professions
Updated: 27 January 2022; Ref: scu.572663
[2016] UKFTT 678 (HESC)
Bailii
England and Wales
Health Professions
Updated: 27 January 2022; Ref: scu.572661
[2016] UKFTT 536 (HESC)
Bailii
England and Wales
Health Professions
Updated: 27 January 2022; Ref: scu.572659
[2016] UKFTT 679 (HESC)
Bailii
England and Wales
Health Professions
Updated: 27 January 2022; Ref: scu.572660
[2016] UKFTT 775 (HESC)
Bailii
England and Wales
Health Professions
Updated: 27 January 2022; Ref: scu.572662
[2016] UKFTT 590 (HESC)
Bailii
England and Wales
Health Professions
Updated: 27 January 2022; Ref: scu.572658
[2016] EWHC 2739 (Admin)
Bailii
England and Wales
Health Professions
Updated: 25 January 2022; Ref: scu.571051
ECJ Judgment – Reference for a preliminary ruling – Medicinal products for human use – Directive 2001/83/EC – Scope – Article 2(1) – Medicinal products prepared industrially or manufactured by a method involving an industrial process – Point 2 of Article 3 – Officinal formula
ECLI:EU:C:2016:801, [2016] EUECJ C-276/15
Bailii
Directive 2001/83/EC 2(1)
European
Health Professions
Updated: 24 January 2022; Ref: scu.570585
[2016] EWHC 2672 (Admin)
Bailii
England and Wales
Health Professions
Updated: 24 January 2022; Ref: scu.570552
Supperstone
[2015] EWHC 1632 (Admin)
Bailii
England and Wales
Health Professions
Updated: 24 January 2022; Ref: scu.570542
ECJ (Judgment) Reference for a preliminary ruling – Articles 34 TFEU and 36 TFEU – Free movement of goods – National legislation – Prescription-only medicinal products for human use – Sale by pharmacies – Setting of fixed prices – Quantitative restriction on imports – Measure having equivalent effect – Justification – Protection of the health and life of humans
ECLI:EU:C:2016:776, [2016] EUECJ C-148/15
Bailii
TFEU 34 36
European
Health Professions
Updated: 24 January 2022; Ref: scu.570370
[2016] EWHC 2493 (Fam)
Bailii
England and Wales
Health Professions, Children
Updated: 24 January 2022; Ref: scu.570170
A registered social worker appealed against the decision of a panel of the Conduct and Competence Committee of the Health and Care Professions Council finding that her fitness to practise was impaired and imposing a sanction of 9 months suspension of her registration, subject to review.
Held: In the light of the assessment, which there was no basis to overturn, that Ms Redmond’s expressed acknowledgement of the faults in her practice amounted only to limited insight and not a sufficient change in her entrenched attitudes, it was plainly appropriate to impose a sanction which would sufficiently bring home to her the seriousness of the faults found, and the need to provide tangible evidence of change.
David Cooke HHJ
[2016] EWHC 2490 (Admin)
Bailii
England and Wales
Health Professions
Updated: 24 January 2022; Ref: scu.570115
ECJ (Judgment) Non-contractual liability – Directive 93/42 / EEC – Harmonized Plan for the safety and protection of the health of patients, users and third parties for the use of medical devices – Article 8 – Notification of a decision prohibiting the placing on the market – No position taken by the Commission – Article 18 – undue CE Marking – Damage – sufficiently serious breach of a rule of law conferring rights on individuals – causation
ECLI:EU:T:2016:570, [2016] EUECJ T-309/10
Bailii
European
European, Personal Injury, Health Professions
Updated: 23 January 2022; Ref: scu.569635
Schedule 7: Suspension of child minders/day care registration – Suspension of registration
[2016] UKFTT 467 (HESC)
Bailii
Health Professions
Updated: 22 January 2022; Ref: scu.568939
Schedule 9: Registration of independent schools
Removal from register
[2016] UKFTT 587 (HESC)
Bailii
Health Professions
Updated: 22 January 2022; Ref: scu.568942
Suspension of child minders/day care registration
[2016] UKFTT 578 (HESC)
Bailii
Health Professions
Updated: 22 January 2022; Ref: scu.568946
Schedule 1 cases: Establishments and Agencies
Variation of conditions of registration (proprietor / manager)
[2016] UKFTT 588 (HESC)
Bailii
Health Professions
Updated: 22 January 2022; Ref: scu.568945
Schedule 7: Suspension of child minders/day care registration – Suspension of registration
[2016] UKFTT 482 (HESC)
Bailii
Health Professions
Updated: 22 January 2022; Ref: scu.568940
Schedule 7: Suspension of child minders/day care registration – Suspension of registration
[2016] UKFTT 424 (HESC)
Bailii
Health Professions
Updated: 22 January 2022; Ref: scu.568938
Schedule 7: Suspension of child minders/day care registration – Suspension of registration
[2016] UKFTT 355 (HESC)
Bailii
Health Professions
Updated: 22 January 2022; Ref: scu.568935
Schedule 7: Suspension of child minders/day care registration – Suspension of registration
[2016] UKFTT 368 (HESC)
Bailii
Health Professions
Updated: 22 January 2022; Ref: scu.568936
[2016] EWHC 2154 (Admin)
Bailii
England and Wales
Health Professions
Updated: 22 January 2022; Ref: scu.568841
Sir Terence Etherton Ch, Patten LJ, Barling J
[2016] EWCA Civ 777
Bailii
England and Wales
Health Professions
Updated: 20 January 2022; Ref: scu.567505
[2016] EWHC 1594 (Fam)
Bailii
England and Wales
Health Professions, Children
Updated: 20 January 2022; Ref: scu.567387
[2016] UKFTT 332 (HESC)
Bailii
England and Wales
Health Professions
Updated: 16 January 2022; Ref: scu.564712
Suspension of child minders/day care registration
[2016] UKFTT 298 (HESC)
Bailii
Health Professions
Updated: 16 January 2022; Ref: scu.564708
Suspension of child minders/day care registration
[2016] UKFTT 297 (HESC)
Bailii
Health Professions
Updated: 16 January 2022; Ref: scu.564710
[2016] UKFTT 331 (HESC)
Bailii
England and Wales
Health Professions
Updated: 16 January 2022; Ref: scu.564713
[2015] EWHC 4090 (Admin)
Bailii
England and Wales
Health Professions
Updated: 16 January 2022; Ref: scu.564431
[2015] EWHC 4089 (Admin)
Bailii
England and Wales
Health Professions
Updated: 16 January 2022; Ref: scu.564430
[2016] EWHC 701 (Admin)
Bailii
England and Wales
Health Professions
Updated: 14 January 2022; Ref: scu.562893
[2016] EWHC 702 (Admin)
Bailii
England and Wales
Health Professions
Updated: 14 January 2022; Ref: scu.562892
Sir Douglas Brown
[2006] EWHC 3019 (QB)
Bailii
Registered Homes Act 1974 30
England and Wales
Cited by:
Appeal from – Jain and Another v Trent Strategic Health Authority CA 22-Nov-2007
The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty.
Held: The . .
See Also – Trent Strategic Health Authority v Jain and Another HL 21-Jan-2009
The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by . .
See Also – Jain and another v The United Kingdom ECHR 16-Sep-2009
. .
See Also – Jain and another v The United Kingdom ECHR 9-Mar-2010
The applicants ran a Registered Nursing Home. The health authority, having concerns about its elderly residents, brought an ex parte application under section 30 of the Registered Homes Act 1984 for an order cancelling the Certificate of . .
Lists of cited by and citing cases may be incomplete.
Health Professions, Negligence, Torts – Other
Updated: 12 January 2022; Ref: scu.347109
Income Tax-Part-time specialists under the National Health Service Act, 1946-Whether remuneration assessable under Schedule D or under Schedule E-Deduction-Expenses.
[1961] UKHL TC – 40 – 11
Bailii
England and Wales
Income Tax, Health Professions
Updated: 10 January 2022; Ref: scu.559965
[2016] EWHC 215 (Admin)
Bailii
England and Wales
Health Professions
Updated: 10 January 2022; Ref: scu.559869
‘application for judicial review of two decisions of the Fitness to Practise Panel, FTPP, of the Medical Practitioner’s Tribunal Service of the General Medical Council. The registrant Claimant faces allegations that her fitness to practise is impaired. The first decision . . held that five judgments of the High Court and one of the Court of Appeal Criminal Division in six cases of alleged non-accidental head injury to infants, ‘shaken baby syndrome’, in which the registrant had given evidence as an expert consultant paediatric neuropathologist, would be admitted in evidence subject to redactions to exclude most, but not all, says the Claimant, of the adverse comments and findings in the judgments.’
Ouseley J
[2015] EWHC 299 (Admin)
Bailii
England and Wales
Health Professions
Updated: 03 January 2022; Ref: scu.543095
The court considered an appeal from a refusal of judicial review of a decision not to provide free abortion services in England to women from Northern Ireland.
Held: The appeal failed.
Moore-Bick, Elias, McCombe LJJ
[2015] EWCA Civ 771, [2015] Fam Law 1175, [2015] WLR(D) 335, (2015) 146 BMLR 107, [2016] 1 WLR 331, [2016] 2 FLR 502, (2015) 146 BMLR 107
Bailii, WLRD
National Health Service Act 2006 3
England and Wales
Citing:
Appeal from – A and Another, Regina (on The Application of) v Secretary of State for Health Admn 8-May-2014
This claim concerns the lawfulness of the extent of and limitations on the provision of abortion services by the National Heath Service (‘NHS’) in England to a person present in England but ordinarily resident in Northern Ireland. There are two . .
Cited by:
Appeal from – A and B, Regina (on The Application of) v Secretary of State for Health SC 14-Jun-2017
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled . .
Lists of cited by and citing cases may be incomplete.
Health Professions
Updated: 02 January 2022; Ref: scu.550491
[2015] EWHC 2096 (Admin)
Bailii
England and Wales
Health Professions
Updated: 02 January 2022; Ref: scu.550375
[2015] EWCA Civ 769
Bailii
England and Wales
Health Professions
Updated: 02 January 2022; Ref: scu.550373
[2015] EWHC 1977 (QB)
Bailii
England and Wales
Health Professions
Updated: 02 January 2022; Ref: scu.550358
Revocation of Tier 2 immigration sponsor’s licence – application for leave to appeal
Jackson LJ
[2015] EWCA Civ 663
Bailii
England and Wales
Health Professions, Licensing, Immigration
Updated: 02 January 2022; Ref: scu.550199
[2015] EWHC 1872 (Admin)
Bailii
England and Wales
Health Professions
Updated: 01 January 2022; Ref: scu.549790
Jeremy Baker J
[2015] EWHC 1357 (Admin)
Bailii
Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
England and Wales
Health Professions
Updated: 01 January 2022; Ref: scu.549395
[2014] EWHC 4161 (Admin)
Bailii
England and Wales
Health Professions
Updated: 27 December 2021; Ref: scu.542560
[2014] EWHC 4459 (Admin)
Bailii
England and Wales
Health Professions
Updated: 27 December 2021; Ref: scu.542556
[2014] EWHC 4160 (Admin)
Bailii
England and Wales
Health Professions
Updated: 27 December 2021; Ref: scu.542558
[2014] EWHC 4148 (Admin)
Bailii
England and Wales
Health Professions
Updated: 27 December 2021; Ref: scu.542529
[2014] EWHC 4460 (Admin)
Bailii
England and Wales
Health Professions
Updated: 27 December 2021; Ref: scu.541607
[2014] EWHC 4385 (Admin)
Bailii
England and Wales
Health Professions
Updated: 27 December 2021; Ref: scu.541594
An association of independent care home operators challenge by judicial review the decision of the Defendant local authority setting a ‘usual cost’ figure in respect of the costs of care.
Lambert HHJ
[2014] EWHC 4321 (Admin)
Bailii
England and Wales
Health Professions, Local Government
Updated: 24 December 2021; Ref: scu.540478
Schedule 2 cases: Childminders and Day Care Providers for children
Cancellation of registration
[2014] UKFTT 925 (HESC)
Bailii
England and Wales
Health Professions
Updated: 24 December 2021; Ref: scu.540277
[2014] UKFTT 881 (HESC)
Bailii
England and Wales
Health Professions
Updated: 24 December 2021; Ref: scu.540276
[2014] UKFTT 780 (HESC)
Bailii
England and Wales
Health Professions
Updated: 24 December 2021; Ref: scu.540272
[2014] EWHC 4083 (Admin)
Bailii
England and Wales
Health Professions
Updated: 24 December 2021; Ref: scu.539740
The claimant challenged the accuracy of the record of hospital notes retained by the defendant.
Sir David Eady
[2014] EWHC 3954 (QB)
Bailii
England and Wales
Health Professions, Information, Torts – Other
Updated: 24 December 2021; Ref: scu.539349
[2014] EWHC 3829 (Admin)
Bailii
England and Wales
Health Professions
Updated: 24 December 2021; Ref: scu.539311
[2014] EWHC 3789 (Admin)
Bailii
England and Wales
Health Professions
Updated: 23 December 2021; Ref: scu.539123
[2014] EWHC 3620 (Admin)
Bailii
England and Wales
Health Professions
Updated: 23 December 2021; Ref: scu.538916
The doctor sought to appeal against a suspension after criticism of his giving expert medical evidence.
Lewis J
[2014] EWHC 3791 (Admin)
Bailii
Medical Act 1983 40
Health Professions
Updated: 23 December 2021; Ref: scu.538720
[2014] EWHC 1528 (Admin)
Bailii
England and Wales
Health Professions
Updated: 21 December 2021; Ref: scu.536532
ECHR Article 2-1
Effective investigation
Criminal proceedings in Germany against German doctor responsible for a patient’s death in the United Kingdom: no violation
Facts – The applicants’ father died in his home in the United Kingdom as a result of medical malpractice by a German doctor who had been recruited by a private agency to work for the British National Health Service. Criminal proceedings were instituted against the doctor in the United Kingdom. Following a request by the British prosecution authorities for legal assistance, the German authorities also initiated criminal proceedings in Germany, which resulted in the doctor’s conviction for having negligently caused the father’s death. In view of the German proceedings, the German authorities did not execute the European Arrest Warrant issued against the doctor in the United Kingdom and refused to extradite him. Accordingly, the criminal proceedings brought against the doctor in the United Kingdom had to be discontinued.
Law – Article 2 (procedural aspect): The criminal proceedings conducted in Germany had enabled the investigative authorities to determine the cause of death and establish the doctor’s responsibility therefor. In view of the available evidence taken as a whole, the prosecution authorities’ decision to apply for the doctor’s conviction in summary proceedings without a main hearing had been justified.
As to the applicants’ allegations that they had not been sufficiently involved in the German proceedings, the Court noted that under the German rules of criminal procedure the prosecution authorities were not obliged to inform the applicants on their own initiative about the institution or progress of the proceedings. In the Court’s view, in the instant case such an obligation did not follow from the procedural requirements inherent in Article 2 – 1 of the Convention either. Although in situations where the responsibility of State agents in connection with a death was at stake, Article 2 – 1 required that the next of kin be involved in the procedure to the extent necessary to safeguard his or her legitimate interests, in contrast the procedural obligation imposed by Article 2 in the sphere of medical negligence did not necessarily require the provision of a criminal-law remedy so that it may therefore be arguable whether and to what extent the applicants’ involvement as next of kin was required where, as in the applicants’ case, the prosecution authorities had recourse to such a remedy on their own initiative. In any event, the applicants had been involved in the criminal proceedings against the doctor. Since the circumstances of the case had been sufficiently established in the course of the investigative proceedings, their participation at any main hearing could not have further contributed to the trial court’s assessment of the case. Indeed, even if a hearing had been scheduled the applicants would not have had the right to contest the trial court’s judgment with the objective of a heavier penalty being imposed. There was, therefore, nothing to establish that the legitimate interests of the deceased’s next of kin were not respected in the domestic proceedings.
In reality, the applicants’ complaint was that the doctor was convicted in Germany and not in the United Kingdom, where he may have faced a heavier penalty. The German authorities had, however, been obliged to institute criminal proceedings by operation of domestic law once they had learned of his involvement in the events surrounding the death and consequently had a basis under the relevant domestic and international law for their decision not to extradite him. The procedural guarantees enshrined in Article 2 do not entail a right or an obligation that a particular sentence be imposed on a prosecuted third party under the domestic law of a specific State.
In addition to the criminal proceedings, investigations regarding the doctor’s fitness to practice had also been conducted by the German authorities and the applicants had been granted an opportunity to provide further information. As a consequence of the disciplinary proceedings, the doctor had been reprimanded and fined.
Accordingly, the German authorities had provided for effective remedies with a view to determining the cause of the father’s death and the doctor’s responsibility for it. There was nothing to establish that the criminal investigations and proceedings instituted on the initiative of the German authorities in relation to the death had fallen short of the procedural guarantees inherent in Article 2-1.
Conclusion: no violation (unanimously).
49278/09 – Chamber Judgment, [2014] ECHR 503, 49278/09 – Legal Summary, [2014] ECHR 712
Bailii, Bailii
European Convention on Human Rights
Human Rights
Human Rights, Criminal Practice, Health Professions
Updated: 16 December 2021; Ref: scu.533843
Applications to strike out a defence and for summary judgment – unlicensed repackaging of pharmaceutical products from abroad.
Dingemans J
[2014] EWHC 1977 (QB)
Bailii
England and Wales
Health Professions
Updated: 16 December 2021; Ref: scu.533766
The Honourable Mr Justice Peter Jackson
[2016] EWHC 2112 (Fam)
Bailii
Family Law Act 1986 55A
England and Wales
Health Professions, Children
Updated: 12 December 2021; Ref: scu.568571
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful.
Held: A person under 16 who was otherwise competent was entitled to seek medical assistance, but a parent also had responsibility for her welfare. The court remained bound by the decision in Gillick, and indeed the subsequent adoption of the UN Convention would move the answer further in the direction of respecting a child’s wishes: ‘it would be wrong and not acceptable to retreat from Gillick and to impose greater duties on medical professionals to disclose information to parents of their younger patients.’ The claimant said that the direction infringed her rights to family life. The courts had recognised a move away from parental rights as such over children. There was no interference.
A doctor could provide medical advice and treatment provided that the child was capable properly of understanding all relevant matters, that the doctor tried to dissuade the child, that the child was likely to commence sexual activity whether or not assistance was given, and that the doctor felt it to be in her best interests for the advice and treatment to be given.
Silber J
[2006] EWHC 37 (Admin), Times 23-Jan-2006, [2006] 2 WLR 1130
Bailii
United Nations Convention on the Rights of a Child, European Convention on Human Rights 8
England and Wales
Citing:
Binding – Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security HL 17-Oct-1985
Lawfulness of Contraceptive advice for Girls
The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the . .
Cited – Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’) HL 13-Oct-1988
Loss of Confidentiality Protection – public domain
A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations . .
Cited – British American Tobacco UK Ltd and Others, Regina (on the Application of) v Secretary of State for Health Admn 5-Nov-2004
The claimants challenged the validity of regulations restricting cigarette advertisements, saying that greater exceptions should have been allowed, and that the regulations infringed their commercial right of free speech.
Held: The Regulations . .
Cited – Vo v France ECHR 8-Jul-2004
Hudoc Preliminary objection rejected (ratione materiae, non-exhaustion of domestic remedies) ; No violation of Art. 2
A doctor by negligence had caused the termination of a pregnancy at the 20 to 24 weeks . .
Cited – Regina v Department of Health, Ex Parte Source Informatics Ltd CA 21-Dec-1999
Where information was given by a patient to the pharmacist, and he took the data, stripping out any possibility of the individual being identified, the duty of confidence which attached to the prescription was not breached by the passing on of the . .
Cited – Campbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
Cited – Venables and Thompson v News Group Newspapers and others QBD 8-Jan-2001
Where it was necessary to protect life, an order could be made to protect the privacy of individuals, by disallowing publication of any material which might identify them. Two youths had been convicted of a notorious murder when they were ten, and . .
Cited – Yousef v The Netherlands ECHR 5-Nov-2002
In ‘judicial decisions where the rights under article 8 of parents and of a child are at stake, the child’s rights must be the paramount consideration.’ . .
Cited – Z v Finland ECHR 25-Feb-1997
A defendant had appealed against his conviction for manslaughter and related offences by deliberately subjecting women to the risk of being infected by him with HIV virus. The applicant, Z, had been married to the defendant, and infected by him with . .
Cited – Mabon v Mabon and others CA 26-May-2005
In the course of an action regarding their residence arrangements, the older children of the family sought an order to be allowed separate legal representation, and now appealed a refusal.
Held: The rights of freedom of expression and to . .
Cited – Hewer v Bryant CA 1969
The parental right to custody is: ‘a dwindling right which the courts will hesitate to enforce against the wishes of the child, and the more so the older he is. It starts with a right of control and ends with little more than advice.’
One . .
Cited – X v Netherlands ECHR 1974
(Comission) A child asserted her right to live where she pleased.
Held: The state has an obligation to provide for its children to live with their parents in normal circumstances: ‘As a general proposition, and in the absence of any special . .
Cited – Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
Cited – MS v Sweden ECHR 27-Aug-1997
Hudoc Sweden – communication, without the patient’s consent, of personal and confidential medical data by one public authority to another and lack of possibility for patient, prior to the measure, to challenge it . .
Cited – Nielsen v Denmark ECHR 28-Nov-1988
The applicant, a minor, complained about his committal to a child psychiatric ward of a state hospital at his mother’s request. The question was whether this was a deprivation of his liberty in violation of article 5. The applicant said that it was, . .
Cited – Kjeldsen, Busk, Madsen and Peddersen v Denmark ECHR 7-Dec-1976
The claimants challenged the provision of compulsory sex education in state primary schools.
Held: The parents’ philosophical and religious objections to sex education in state schools was rejected on the ground that they could send their . .
Cited – Handyside v The United Kingdom ECHR 7-Dec-1976
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .
Cited – The Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
Cited – K v United Kingdom ECHR 1986
(Commission) The existence of family ties depends upon ‘the real existence in practice of close family ties.’ . .
Cited – Sporrong and Lonnroth v Sweden ECHR 18-Dec-1984
Balance of Interests in peaceful enjoyment claim
An interference with the peaceful enjoyment of possessions must strike a fair balance between the demands of the general interests of the community and the requirements of the protection of the individual’s fundamental rights. This balance is . .
Cited – Hendricks v Netherlands ECHR 1983
(Commission) In the context of article 8 the rights and freedoms of the child include his interests. ‘The Commission has consistently held that, in assessing the question of whether or not the refusal of the right of access to the non-custodial . .
Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Regina v Director of Public Prosecutions, ex parte Kebilene and others HL 28-Oct-1999
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for . .
Cited – De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others PC 30-Jun-1998
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to . .
Cited – Handyside v The United Kingdom ECHR 7-Dec-1976
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .
Cited by:
Cited – TB, Regina (on the Application of) v The Combined Court at Stafford Admn 4-Jul-2006
The claimant was the child complainant in an allegation of sexual assault. The defendant requested her medical records, and she now complained that she had been unfairly pressured into releasing them.
Held: The confidentiality of a patient’s . .
Lists of cited by and citing cases may be incomplete.
Health Professions, Children, Human Rights
Leading Case
Updated: 11 December 2021; Ref: scu.237844