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)

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.

Anti Cyber Forensics - The Art of Counter-Cyber Forensics

[1995] 2 AC 633, [1995] 3 All ER 353, [1995] 2 FLR 276, [1995] 3 WLR 152, 26 BMLR 15, [1995] Fam Law 537, [1995] 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
[1995] 2 AC 633, [1995] 3 All ER 353, [1995] 2 FLR 276, [1995] 3 WLR 152, 26 BMLR 15, [1995] Fam Law 537, [1995] 3 FCR 337, 94 LGR 313
HEARING-DATES: 10, 11, 12, 13, 17, 18, 19, 20, 24, 25, 26, 27 October 1994, 29 June 1995
29 June 1995

CATCHWORDS:
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…

View original post 29,983 more words

Advertisements

2 thoughts on “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)

  1. Pingback: Local Authorities’ Statutory Duties In Relation To Welfare Of Children; HOUSE OF LORDS, (United Kingdom) | Parents Rights Blog

  2. Pingback: Centralized Government | Parents Rights Blog

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s