The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:
In some cases, the question arises whether a local authority has a duty of care to a child such as where a child has been under a care order or where they have remained with abusive parents.
The scope for a victim of abuse to bring an action based solely on a breach of statutory duty appears to be very limited. In the case of X (minors) v Bedfordshire CC the House of Lords decided:
a breach of statutory duty does not by itself give rise to any private law cause of action
but a private law cause of action may arise if, as a matter of construction, the statute imposed a duty for the protection of a limited class of the public and Parliament clearly intended to confer on members of that class a private right of action for breach of the duty
the absence of another remedy for breach and a clear intention of Parliament to protect a limited class are indicators that there may be a private right of action
It is important to note that others parts of the decision in X (minors) v Bedfordshire CC have been overruled (see further below).
A local authority may owe a common law duty of care to
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