Q&As

Is there any authority on whether the probation service can be sued for failing to safeguard a child at risk, by notifying the local authority, where the parent has a known history of violence and, on the parent being released from prison, this has resulted in a serious injury to the child?

read titleRead full title
Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 21/06/2017

The following PI & Clinical Negligence Q&A Produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Is there any authority on whether the probation service can be sued for failing to safeguard a child at risk, by notifying the local authority, where the parent has a known history of violence and, on the parent being released from prison, this has resulted in a serious injury to the child?

This Q&A considers the circumstances in which a public authority can be held accountable for an omission. In particular, it considers a scenario where the Probation Service failed to notify the local authority that an offender with a history of violence had been released from prison, and the offender thereafter caused personal injury to his child.

We are not aware of any specific case law relating to the National Probation Service. However, refer you to the below information for general guidance.

The key duties of the National Probation Service are to protect the public and reduce re-offending. The Criminal Justice and Court Services Act 2000 and the Criminal Justice Act 2003 enshrine these principles and requires the Probation Service, Police, and Prison Services to work together in meeting these responsibilities on a multi-agency basis.

Further, section 11 of the Children Act 2004 provides that the local probation service must:

make arrangements for ensuring that—

  1. their functions are discharged having regard to the need to safeguard and promote the welfare of children, and

Related documents:

Popular documents