No duty of care to parents in child abuse investigations

L and B v Reading Borough Council; Wokingham District Council; Chief Constable of Thames Valley [2006] EWHC 2449

Counsel: For the claimants: Nicholas Bowen For the first and second defendants: Andrew Miller Solicitors: For the claimants: Gabb & Co For the first and second defendants:Watmores

The local authorities made an application to strike out B’s cause of action in a claim for damages arising from the actions and decisions of social workers employed by them. The social workers had suspected B of sexually abusing his daughter when she was very young, and he had not been permitted to see her for several years. That allegation later proved to have been unfounded and B sought damages from the local authority. The application before the court concerned B’s cause of action for vicarious liability on the part of the local authorities for the acts of their social workers, whom he alleged owed him a duty of care to exercise the standard of care of reasonably competent social workers in relation to the discharge of their obligations. B argued that the application should not be considered on its merits in advance of the main trial of his claim, and that it was too late for the local authorities to apply to have the applications struck out. The local authorities argued that the legal landscape had changed, and that the position had been reached that it was not fair, just or reasonable for a local authorities to owe a duty of care to parents who were being investigated for suspected child abuse.