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In one case a psychiatrist and a social worker interviewed a child suspected of having been sexually abused and wrongly assumed from the name given by the child that the abuser was the mother’s current boyfriend, who had the same first name.The local authority decided that it was necessary to remove the child from the mother’s care because she would be unable to protect the child against further abuse by the boyfriend and on the application of the local authority, the child was made a ward of court, the local authority was granted care and control and the judge ordered that the child should not return home and limited the mother’s access.
In determining whether such a duty of care was owed by a public authority, the manner in which a statutory discretion was or was not exercised (ie the decision whether or not to exercise the discretion) had to be distinguished from the manner in which the statutory duty was implemented in practice.(2) In actions for breach of statutory duty simpliciter a breach of statutory duty was not by itself sufficient to give rise to any private law cause of action.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.On appeal the Court of Appeal held that the claims alleging breach of statutory duty had been rightly struck out but that the claims in negligence were not unarguable or incontestably bad and should be allowed to proceed.The plaintiffs in the abuse cases and the education authorities in the education cases appealed to the House of Lords.HEADNOTE: 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.
The first group of appeals (the abuse cases) concerned the action or inaction of local authorities in relation to children who were suspected of being abused.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.In the first case the plaintiff alleged that his local education authority had failed to ascertain that he suffered from a learning disorder which required special educational provision, that it had wrongly advised his parents and that even when pursuant to s 71 of the Education Act 1981 it later acknowledged his special needs, it had wrongly decided that the school he was then attending was appropriate to meet his needs.The child and the mother brought an action against the local authority, the psychiatrist and the health authority which employed her, claiming damages for breach of statutory duty and negligence and alleging that the defendants had failed to investigate the facts with proper care and thoroughness or to discuss them with the mother and were thereby in breach of their duty under the Child Care Act 1980 to safeguard the welfare of children.The child and the mother claimed that, as a result of their enforced separation and the lack of information given to them, they had suffered anxiety neurosis.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.