Children’s right to sue for social workers’ negligence: the impact of the Human Rights Act 1998

Arthur, Raymond (2006) Children’s right to sue for social workers’ negligence: the impact of the Human Rights Act 1998. Tort Law Review, 14 (3). pp. 135-147. ISSN 1039-3285

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Abstract

In D v East Berkshire Community NHS Trust [2004] QB 558; [2003] EWCA Civ 1151 and JD (FC) v East Berkshire Community Health NHS Trust [2005] 2 AC 373; [2005] UKHL 23 the English judiciary held that children wrongly diagnosed as having been abused or mistakenly taken into care can now sue the social workers responsible. Phillips LJ ruled that the House of Lords ruling decision in X (Minors) v Bedfordshire County Council [1995] 2 AC 6331995 which barred claims against social workers in child abuse cases could not survive the Human Rights Act 1998 (UK). This article examines the development of the law in this area and the implications of this recent landmark decision for children, and their parents, who have suffered as a result of local authority negligence.

Item Type:	Article
Subjects:	L400 Social Policy L500 Social Work M200 Law by Topic
Department:	Faculties > Business and Law > Northumbria Law School
Related URLs:	Library Catalogue
Depositing User:	Professor Raymond Arthur
Date Deposited:	09 Sep 2013 09:38
Last Modified:	13 Oct 2019 00:33
URI:	http://nrl.northumbria.ac.uk/id/eprint/13462

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