B v Reading Borough Council & Ors

B v Reading Borough Council & Ors

On the assumed facts, the principles in D v East Berkshire preclude the existence of a direct duty of care owed by the local authority to B as a parent suspected of child abuse, whether liability is pleaded as direct or vicarious. The conflict of interest between the authority's duty to the child and to the suspected parent means it is not fair, just, or reasonable to impose such a duty. The particulars of claim do not disclose an arguable case, and permission to amend or appeal out of time is refused.

Parties
Claimant/respondent: B; First Defendant/appellant: Reading Borough Council; Second Defendant/appellant: Wokingham District Council; Third Defendant: The Chief Constable of Thames Valley Police
Jurisdiction
England and Wales
Judgment Date
11 December 2007
Procedural Posture
Civil Appeal / Appeal From Interlocutory Order (permission to Re Re Amend Particulars of Claim)
Outcome
Appeal allowed; permission to re-re-amend particulars of claim refused; application for extension of time to appeal against striking out of vicarious liability claims refused.
Legal Topics
Negligence, Vicarious Liability, Direct Duty of Care, Misfeasance in Public Office, Conspiracy to Injure, Assumption of Responsibility, Strike Out Applications
Tort Law Public Law Child Protection Negligence Vicarious Liability Direct Duty of Care Misfeasance in Public Office Conspiracy to Injure +2 more

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Parties

B

Claimant/respondent

Reading Borough Council

First Defendant/appellant

Wokingham District Council

Second Defendant/appellant

The Chief Constable of Thames Valley Police

Third Defendant

Procedural Posture

Civil Appeal / Appeal From Interlocutory Order (permission to Re Re Amend Particulars of Claim)

Legal Issues

  1. 1 Whether a local authority owes a direct duty of care to a parent suspected of child abuse in the context of child protection investigations
  2. 2 Whether the particulars of claim discloses an arguable case for breach of such a direct duty
  3. 3 Whether the principles in D v East Berkshire Community Health NHS Trust preclude such a duty

Ratio Decidendi

On the assumed facts, the principles in D v East Berkshire preclude the existence of a direct duty of care owed by the local authority to B as a parent suspected of child abuse, whether liability is pleaded as direct or vicarious. The conflict of interest between the authority's duty to the child and to the suspected parent means it is not fair, just, or reasonable to impose such a duty. The particulars of claim do not disclose an arguable case, and permission to amend or appeal out of time is refused.

Court Disposition

Appeal allowed; permission to re-re-amend particulars of claim refused; application for extension of time to appeal against striking out of vicarious liability claims refused.

Orders

  • Permission to re-re-amend particulars of claim to plead direct duty of care refused.
  • Application for extension of time to appeal against order striking out vicarious liability claims refused.