header-logo header-logo

05 July 2007 / David Burrows
Issue: 7280 / Categories: Features , Family
printer mail-detail

State negligence?

Does the state owe a duty of care to parents or children? asks David Burrows

In R (on the application of Kehoe) v Secretary of State for Work and Pensions [2004] UKHL 48, [2005] 4 All ER 905, Baroness Hale was in a minority in the House of Lords. She began her dissenting opinion as follows:

“This is another case which has been presented to us largely as a case about adults’ rights when in reality it is a case about children’s rights. It concerns the obligation to maintain one’s children and the corresponding right of those children to obtain the benefit of that obligation.”

The judgments of the Court of Appeal in Rowley v Secretary of State for Work and Pensions [2007] EWCA Civ 598, [2007] All ER (D) 186 (Jun) can be seen in much the same way. Rowley was another child support case, but this time raising the question of whether a duty of care is owed by the secretary of state to parents or children. Baroness Hale may have been in

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll