L & Anor v Reading Borough Council & Ors Rev 1

L & Anor v Reading Borough Council & Ors Rev 1

It is not fair, just or reasonable to impose a duty of care on social workers to parents in the context of child abuse investigations, regardless of whether the alleged negligence relates to operational or evaluative functions; therefore, the claim for breach of duty is not legally recognisable and must be struck out.

Source-derived case information.

Parties
Claimant: L; Claimant: B; Defendant: Reading Borough Council; Defendant: Wokingham District Council; Defendant: The Chief Constable of Thames Valley Police
Jurisdiction
England and Wales
Judgment Date
12 October 2006
Procedural Posture
Civil / Ruling on Application to Strike Out Causes of Action
Outcome
Application to strike out granted in respect of breach of duty claim against first and second defendants.
Legal Topics
Duty of Care, Vicarious Liability, Misfeasance in Public Office, Conspiracy to Injure, Strike Out Applications, Child Abuse Investigations
Tort Law Public Law Child Protection Duty of Care Vicarious Liability Misfeasance in Public Office Conspiracy to Injure Strike Out Applications +1 more

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Summary, issues, holding and outcome

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Parties

L

Claimant

B

Claimant

Reading Borough Council

Defendant

Wokingham District Council

Defendant

The Chief Constable of Thames Valley Police

Defendant

Procedural Posture

Civil / Ruling on Application to Strike Out Causes of Action

Legal Issues

  1. 1 Whether social workers owe a duty of care to parents in child abuse investigations
  2. 2 Whether operational functions of social workers attract a duty of care to parents
  3. 3 Whether the claim discloses reasonable grounds for bringing an action against the local authorities

Ratio Decidendi

It is not fair, just or reasonable to impose a duty of care on social workers to parents in the context of child abuse investigations, regardless of whether the alleged negligence relates to operational or evaluative functions; therefore, the claim for breach of duty is not legally recognisable and must be struck out.

Court Disposition

Application to strike out granted in respect of breach of duty claim against first and second defendants.

Orders

  • Paragraphs 41-42, 44-45, 51, and specified words in paragraphs 47 and 50 of the Re-amended Particulars of Claim struck out.
  • Opportunity given to claimant to apply to amend particulars of claim regarding direct duty within 28 days.