Abstract
In
D & Others v East Berkshire Community Health & Others
and
JD (FC) v
East Berkshire Community Health NHS Trust & Others
the English ju
diciary
held that
children wrongly diagnosed as having been abused or mistakenly
taken into care can now sue the social workers responsible
.
Lord Phillips
ruled that the House of Lords ruling in 1995 which barred claims against
social workers in child abus
e cases could not survive the Human Rights Act
1998. In this article I will examine the development of the law in this area and
the implications of this recent landmark decision for children who have
suffered as a result of local authority negligence and t
heir parents.
Original language | English |
---|---|
Article number | 135-147 |
Journal | Tort Law Review |
Volume | 14 |
Issue number | 3 |
Publication status | Published - 2006 |