Draft particulars of claim child abuse (Pre-Children Act)
Produced in partnership with Ali Malsher

The following PI & Clinical Negligence precedent produced in partnership with Ali Malsher provides comprehensive and up to date legal information covering:

  • Draft particulars of claim child abuse (Pre-Children Act)

Draft particulars of claim child abuse (Pre-Children Act)

In the High Court of Justice Queen’s bench Division

Between

  1. X        Claimant

  1. - and -

  1. Y        Defendant

Introduction

    1. 1

      The Defendant was at all relevant times a statutory body whose duties included the duty to provide proper social services functions pursuant to Section 2 of and Schedule 1 of the Local Authorities Social Services Act 1970.

    1. 2

      In the course of providing social services functions the Defendant had a duty to take into care children living in the area of [insert area] and who were in need of being safeguarded. The duties of the Defendant in respect of children who were thought to be at risk of harm were defined by Section 2 of the Children and Young Persons Act 1969.

    1. 3

      This section provided that the local authority which received information that suggested that there were grounds of bringing care proceedings in respect of a child should make enquiries unless it was satisfied that such enquiries were unnecessary. The said section further provided that in circumstances where enquiries provided grounds for bringing care proceedings a local authority was under a duty to bring proceedings unless it was satisfied it was not in the interest of the child or the public interest to do so.

    1. 4

      Further, pursuant to the Local Authorities Social Services Act 1970 and the Child Care Act 1980 the

Popular documents