header-logo header-logo

Rights versus duty

12 July 2007 / Seamus Burns
Issue: 7281 / Categories: Features , Human rights
printer mail-detail

Public authorities should have a duty of care to parents as well as children in suspected child abuse cases, says Seamus Burns

The Lawrence family, including the father of Stephanie Lawrence’s children, came to the attention of Pembrokeshire County Council’s child protection team in 1999. In April 2002, following sporadic and inconclusive attention from various members of that team over the previous three years, the council had placed the children on the Child Protection Register as being at risk of physical and/or emotional harm from Mrs Lawrence and/or their father. They remained on the register for about 14 months before the council removed them from it in June 2003. In December 2004, the ombudsman had upheld a number of complaints from Mrs Lawrence of maladministration against the council, and furthermore had recommended that the council should pay her £5,000 in recognition of the distress and damage to her reputation and of the time and trouble in pursuing her complaints.

Mrs Lawrence then commenced proceedings against the council, alleging negligence and a violation of her right

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll