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