S v Newham London Borough Council [1998] EWCA Civ 339 (24 February 1998)

S v Newham London Borough Council [1998] EWCA Civ 339 (24 February 1998)

The risk to the effectiveness of the child protection index from defamation actions is insignificant compared to the substantial infringement of the individual's right to access the courts and vindicate reputation. There is no overwhelming public interest justifying absolute immunity for local authorities in this context. Qualified privilege and existing safeguards are sufficient.

Citation
[1998] EWCA Civ 339
Parties
Plaintiff/respondent: S; Defendant/appellant: Newham London Borough Council
Jurisdiction
England and Wales
Judgment Date
24 February 1998
Procedural Posture
Appeal (civil) / Appeal From Preliminary Issue Decision in Queen's Bench Division (crown Office List)
Outcome
Appeal dismissed
Legal Topics
Qualified Privilege, Absolute Privilege, Malice, Immunity From Suit, Access to Courts, Public Interest, Children Act 1989, Local Authority Duties
Defamation Public Law Employment Law Child Protection Qualified Privilege Absolute Privilege Malice Immunity From Suit +4 more

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Parties

S

Plaintiff/respondent

Newham London Borough Council

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal From Preliminary Issue Decision in Queen's Bench Division (crown Office List)

Legal Issues

  1. 1 Whether the defendant local authority is immune from suit in defamation for information provided to the Department of Health Consultancy Service regarding suitability of the plaintiff to work with children
  2. 2 Whether public interest in child protection justifies absolute immunity from suit for defamatory statements made by local authorities in this context

Ratio Decidendi

The risk to the effectiveness of the child protection index from defamation actions is insignificant compared to the substantial infringement of the individual's right to access the courts and vindicate reputation. There is no overwhelming public interest justifying absolute immunity for local authorities in this context. Qualified privilege and existing safeguards are sufficient.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be taxed and paid forthwith