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Whether the statute provided other remedies for its breach and whether on the true construction of the statute it was shown that the protected class was intended by Parliament to have a private remedy were indicia of whether a private law cause of action lay for breach of a statutory duty; Cutler v Wandsworth Stadium Ltd [1949] 1 All ER 544 and Lonrho Ltd v Shell Petroleum Co Ltd (No 2) [1981] 2 All ER 456 applied.

A private law cause of action only arose if it could be shown, as a matter of construction of the statute, that the statutory duty was imposed for the protection of a limited class of the public and that Parliament intended to confer on members of that class a private right of action for breach of the duty.

The plaintiff claimed damages for negligence against the local education authority.

In the third case the plaintiff alleged that although he did not have any serious disability and was of at least average ability the local education authority had either placed him in special schools which were not appropriate to his educational needs or had failed to provide any schooling for him at all with the result that his personal and intellectual development had been impaired and he had been placed at a disadvantage in seeking employment.

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.

The child in fact intended to refer to a cousin with the same first name who had previously lived at the mother’s address but it was not until the mother saw for the first time, in subsequent proceedings, a transcript of the child’s interview with the psychiatrist and the social worker that she realised that the child had not identified her boyfriend as the abuser and that there was no evidence to support that conclusion.

The local authority accepted that fact and took steps to rehabilitate the child with the mother and her boyfriend.

The plaintiff alleged breach of the education authority’s statutory and common law duties and claimed damages for the expense incurred by his parents in placing him at a special school where his particular educational needs were addressed and his condition diagnosed and treated.

In the second case the plaintiff alleged that the headmaster of the local primary school which he attended had failed to refer him either to the local education authority for formal assessment of his learning difficulties, which were consistent with dyslexia, or to an educational psychologist for diagnosis, that the teachers’ advisory centre to which he was later referred had also failed to identify his difficulty and that such failure to assess his condition (which would have improved with appropriate treatment) had severely limited his educational attainment and prospects of employment.

The plaintiff in one of the education cases cross-appealed.

Held – (1) Private law claims against public authorities for damages could be classified into four different categories: (i) actions for breach of statutory duty simpliciter (i e irrespective of carelessness); (ii) actions based solely on the careless performance of a statutory duty in the absence of any other common law right of action; (iii) actions based on a common law duty of care arising either from the imposition of the statutory duty or from the performance of it; (iv) misfeasance in public office, ie the failure to exercise, or the exercise of, statutory powers either with the intention to injure the plaintiff or in the knowledge that the conduct was unlawful.

The plaintiffs in both cases appealed to the House of Lords The second group of appeals (the education cases) concerned the action or inaction of local authorities in relation to the provision of education for children with special educational needs.

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