header-logo header-logo

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

Rights versus duty

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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll