Duty of Care Child in UK Law

Leading Cases
  • D v East Berkshire Community NHS Trust and Another
    • Court of Appeal (Civil Division)
    • 31 July 2003

    In so far as the position of a child is concerned, we have reached the firm conclusion that the decision in Bedfordshire cannot survive the Human Rights Act. Where child abuse is suspected the interests of the child are paramount —see S.1 Children Act 1989.

    It will always be in the parents' interests that the child should not be removed. Thus the child's interests are in potential conflict with the interests of the parents. In view of this, we consider that there are cogent reasons of public policy for concluding that, where child care decisions are being taken, no common law duty of care should be owed to the parents.

  • Phelps v London Borough of Hillingdon
    • House of Lords
    • 27 July 2000

    It is sometimes said that there has to be an assumption of responsibility by the person concerned. That phrase can be misleading in that it can suggest that the professional person must knowingly and deliberately accept responsibility. The phrase means simply that the law recognises that there is a duty of care. It is not so much that responsibility is assumed as that it is recognised or imposed by the law.

  • B and Others v Attorney General
    • Privy Council
    • 16 July 2003

    But their Lordships consider no common law duty of care was owed to the father. Those conducting the inquiry must act in good faith throughout. But to impose a common law duty of care on the department and the individual professionals in favour of the alleged victims or potential victims and, at one and the same time, in favour of the alleged perpetrator would not be satisfactory.

  • D v East Berkshire Community NHS Trust and Another
    • House of Lords
    • 21 April 2005

    A doctor is obliged to act in the best interests of his patient. The best interests of a child and his parent normally march hand-in-hand. But when considering whether something does not feel 'quite right', a doctor must be able to act single-mindedly in the interests of the child. He ought not to have at the back of his mind an awareness that if his doubts about intentional injury or sexual abuse prove unfounded he may be exposed to claims by a distressed parent.

  • Gorringe v Calderdale Metropolitan Borough Council
    • House of Lords
    • 01 April 2004

    We are not concerned with cases in which public authorities have actually done acts or entered into relationships or undertaken responsibilities which give rise to a common law duty of care. In such cases the fact that the public authority acted pursuant to a statutory power or public duty does not necessarily negative the existence of a duty.

  • M and Another v London Borough of Newham and Others; X and Others v Bedfordshire County Council
    • House of Lords
    • 29 June 1995

    Such a scheme is designed to protect weaker members of society (children) from harm done to them by others. To my mind, the nearest analogies are the cases where a common law duty of care has been sought to be imposed upon the police (in seeking to protect vulnerable members of society from wrongs done to them by others) or statutory regulators of financial dealings who are seeking to protect investors from dishonesty.

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Legislation
  • Children and Families Act 2014
    • England & Wales
    • January 01, 2014
    ...... S-6 . Adoption support services: duty to provide information 6 Adoption support services: duty to provide ... Contact Contact . S-8 . Contact: children in care of local authorities 8 Contact: children in care of local authorities . ......
  • Coronavirus Act 2020
    • UK Non-devolved
    • January 01, 2020
    ...... registration of nurses and other health and care professionals 2 Emergency registration of nurses ... out of or in connection with a breach of a duty of care owed in connection with the provision, ... delay in providing services to any child under section 22(1) of the 1995 Act (promotion of ......
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • January 01, 2015
    ...... wilful neglect by a person providing health care or social care; to create an offence of the ... distress; to amend the offence of meeting a child following sexual grooming; to amend the offence ... 28(7)(c) of the Crime (Sentences) Act 1997 (duty to release certain life prisoners), for "one-half ......
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ......S-9 . Child’s consent in relation to information society ... (c) (c) point (h) (health and social care); . (d) (d) point (i) (public health); . (e) ... person who in the circumstances owes a duty of confidentiality under an enactment or rule of ......
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Books & Journal Articles
  • A Negligent Blow to Children at Risk: MAK and RK v United Kingdom (European Court of Human Rights)
    • Nbr. 73-6, November 2010
    • The Modern Law Review
    In MAK and RK v United Kingdom the European Court found that the absence of a common law duty of care owed to parents by doctors falsely suspecting them of their child's abuse violated the European...
    ...... Kingdo m the European Court found thatthe abse nceof a common law duty of care owedto parents by doctors falsely suspecting them of their ......
  • Vicarious Liability and Non‐Delegable Duty for Child Abuse in Foster Care: A Step Too Far?
    • Nbr. 79-5, September 2016
    • The Modern Law Review
    In NA v Nottinghamshire County Council the Court of Appeal held that a local authority is not liable under vicarious liability or for breach of a non‐delegable duty when foster parents sexually or ...
  • On Mothers, Babies and Bathwater: Distributive Justice, Tort Law and Prenatal Duties
    • Nbr. 14-2, June 2005
    • Social & Legal Studies
    In this article I seek to apply a general claim about tort law - that it should promote as one of its goals a better attainment of distributive justice - to the cont...
    ...... – to the context of maternal prenatal duty. My argument is that, contrary to common belief ... burden that a maternal prenatal duty of care would place on potential defendants’ autonomy, ... parties owe a duty of care to a born- alive child ( Payton v Abott Labs (1982); Montreal Tramways ......
  • Reviews
    • Nbr. 66-5, September 2003
    • The Modern Law Review
    ...... is thought likely to benefit her future child. At the outset, Rights, Duties and the Body ... is to ask whether she owes a moral or legal duty to the child. It is too simple to answer that as ... woman have a moral obligation to take care not to harm her fetus? This question arises in a ......
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Law Firm Commentaries
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