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IN THE NORTHAMPTON HIGH COURT

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IN THE NORTHAMPTON HIGH COURT 85/87 Lady’s Lane, Northampton, Northamptonshire, NN1 3HQ THE PARTIES 1. CLAIMANT (a) MS NGOZI GODWELL 2. DEFENDANTS (a) NORTHAMPTONSHIRE LOCAL AUTHORITY (b) NORTHAMPTONSHIRE POLICE FORCE, POLICE (c) NORTHAMPTONSHIRE COUNTY COUNCIL (d) NORTHAMPTON BOROUGH COUNCIL Civil, … Continue reading →

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Local authority - Statutory duty - Breach of statutory duty - Careless performance of statutory duty - Exercise of statutory discretion - Justiciability of decisions involving policy matters - Application of principles of negligence - Whether fair, just and reasonable to impose duty of care. Negligence - Duty to take care - Existence of duty - Children - Local authority - Education authority - Duty owed in relation to welfare of children or children with special education needs - Whether local authority owing direct duty of care - Whether local authority vicariously liable for negligence of professional advice given by or on behalf of authority. Child - Welfare - Local authority - Local authorities' statutory duties in relation to welfare of children - Local authorities failing to take plaintiff children into care - Children suffering ill-treatment and impairment of health - Whether children and parents affected by breach of statutory duty having right of action - Children and Young Persons Act 1969 - Child Care Act 1980 - Children Act 1989. Education - Local education authority - Statutory duty to provide special education - Breach - Right of action for damages - Local education authority failing to assess and provide for special educational needs - Plaintiff suffering consequent damage - Whether plaintiff entitled to bring private law claim for damages - Whether plaintiff limited to administrative channels for redress - Education Act 1944, s 8 - Education Act 1981, s 7. Action - Immunity from civil action - Witness - Expert witness - Extent of immunity from civil action - Psychiatrist interviewing child suspected of having been sexually abused at request of local authority -Whether psychiatrist entitled to immunity from action for negligence: X and others (minors) v Bedfordshire County Council;M (a minor) and another v Newham London Borough Council and others;E (a minor) v Dorset County Council;and other appeals; HOUSE OF LORDS, (United Kingdom)

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Reblogged from Anti Cyber Forensics - The Art of Counter-Cyber Forensics:

2 AC 633, 3 All ER 353, 2 FLR 276, 3 WLR 152, 26 BMLR 15, Fam Law 537, 3 FCR 337, 94 LGR 313

X and others (minors) v Bedfordshire County Council;M (a minor) and another v Newham London Borough Council and others;E (a minor) v Dorset County Council;and other appeals;
HOUSE OF LORDS
2 AC 633, 3 All ER 353, 2 FLR 276, 3 WLR 152, 26 BMLR 15, Fam Law 537, 3 FCR 337, 94 LGR 313…

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In two separate sets of appeals the issue was whether the careless performance by a local authority of its statutory duties relating to the education and welfare of children could found an action for negligence by children adversely affected by the local authority’s actions.
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