Duty of Care Child in UK Law
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D v East Berkshire Community NHS Trust and Another
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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.
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Phelps v London Borough of Hillingdon
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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.
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B and Others v Attorney General
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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.
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D v East Berkshire Community NHS Trust and Another
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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.
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Gorringe v Calderdale Metropolitan Borough Council
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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.
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M and Another v London Borough of Newham and Others; X and Others v Bedfordshire County Council
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We were not referred to any category of case in which a duty of care has been held to exist which is in any way analogous to the present cases. 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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Serious Crime Act 2015
... ... started within a reasonable time (and this duty applies whether or not an application to ... Child cruelty offence 66 Child cruelty offence ... (ii) a teacher, or ... (iii) a social care worker in Wales; ... (b) a person "discovers" ... ...
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Children and Families Act 2014
... ... making decisions about the adoption of a child) is amended as follows ... (2) In subsection ... 6: Adoption support services: duty to provide information ... In Chapter 2 of Part ... 5(b) ... 8: Contact: children in care of local authorities ... (1) Section 34 of the ... ...
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Care Act 2014
... ... 1: Promoting individual well-being ... (1) The general duty of a local authority, in exercising a function under this Part in the case ... needs for care and support or in the case of a carer, a carer of a child or a young carer, the partner or authority must comply with the request ... ...
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Coronavirus Act 2020
... ... registration of nurses and other health and care professionals: Schedule 1 contains temporary ... out of or in connection with a breach of a duty of care owed in connection with the provision, ... to the services;(b) services provided to a child under section 22(1) of the 1995 Act if, in ... ...
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Vicarious Liability and Non‐Delegable Duty for Child Abuse in Foster Care: A Step Too Far?
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 ...
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A Negligent Blow to Children at Risk: MAK and RK v United Kingdom (European Court of Human Rights)
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...... ... Court found thatthe abse nceof a common law duty of care owedto parents by doctors falsely ing them of their child’s abuse violated the European Convention on ... ...
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On Mothers, Babies and Bathwater: Distributive Justice, Tort Law and Prenatal Duties
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 ... ...
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Reviews
... ... 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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Public Authority Liability Update - Summer 2011 - A Tale Of Two Strike Outs
... ... an attempt by a claimant to impose a duty of care on a social services department in ... the principle that when investigations into child abuse are being undertaken by a local authority, ... ...
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UK Supreme Court finds doctor not liable for losses falling outside of her duty of care
The claimant, a mother of a child with haemophilia and autism, had, prior to her pregnancy, consulted with her GP to determine whether she carried the gene for haemophilia. The doctor negligently ......The claimant, a mother of a child with haemophilia and autism, had, prior to her pregnancy, consulted with her GP to determine whether she carried the gene for haemophilia. The doctor ... ...
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The IICSA Considers Mandatory Reporting Of Child Sexual Abuse
... ... Yet previously only individuals in a position of care/responsibility over children had a statutory duty of care which extended ... ...
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Social Service Claims - A Handy Guide
... ... case since the only breach of duty issue is whether the claimant ... was indeed ... the case of AB & Ors v Nugent Care Society and GR v ... Wirral MBC, Court of Appeal ... authority to owe a duty of care both to the child and to the ... parent where there was a such a ... ...