AD v OH (a child) & Anor

AD v OH (a child) & Anor

The local authority did not owe a duty of care in tort to Mrs. AD at any stage of the care proceedings, as established by East Berkshire, due to the inherent conflict of interest between parent and child in child protection investigations. For OH, no damages were recoverable as there was no evidence of physical harm...

Source-derived case information.

Parties
Appellant (mother): AD; Appellant (child): OH (a child: by AD his litigation friend); Respondent: Bury Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
17 January 2006
Procedural Posture
Civil Appeal / Appeal From Oldham County Court to Court of Appeal
Outcome
Appeals dismissed
Legal Topics
Negligence, Duty of Care, Psychiatric Harm, Care Proceedings, Damages, Separation of Parent and Child
Tort Law Family Law Child Protection Negligence Duty of Care Psychiatric Harm Care Proceedings Damages +1 more

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Parties

AD

Appellant (mother)

OH (a child: by AD his litigation friend)

Appellant (child)

Bury Metropolitan Borough Council

Respondent

Procedural Posture

Civil Appeal / Appeal From Oldham County Court to Court of Appeal

Legal Issues

  1. 1 Whether a local authority owes a duty of care in tort to a parent in the context of care proceedings under the Children Act 1989.
  2. 2 Whether a child separated from parents due to mistaken non-accidental injury diagnosis can recover damages for psychological harm absent a recognisable psychiatric disorder.

Ratio Decidendi

The local authority did not owe a duty of care in tort to Mrs. AD at any stage of the care proceedings, as established by East Berkshire, due to the inherent conflict of interest between parent and child in child protection investigations. For OH, no damages were recoverable as there was no evidence of physical harm or a recognisable psychiatric disorder attributable to the separation; any distress suffered was transient and not justiciable.

Court Disposition

Appeals dismissed