Children's right to sue for social workers' negligence

Raymond Arthur

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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 languageEnglish
Article number135-147
JournalTort Law Review
Volume14
Issue number3
Publication statusPublished - 2006

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children's rights
social worker
judiciary
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abuse
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Arthur, Raymond. / Children's right to sue for social workers' negligence. In: Tort Law Review. 2006 ; Vol. 14, No. 3.
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Arthur, R 2006, 'Children's right to sue for social workers' negligence', Tort Law Review, vol. 14, no. 3, 135-147.

Children's right to sue for social workers' negligence. / Arthur, Raymond.

In: Tort Law Review, Vol. 14, No. 3, 135-147, 2006.

Research output: Contribution to journalArticleResearchpeer-review

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AB - 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.

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