Problem Category: Local Authorities

Question 1

X v Bedfordshire County Council

Answer 1

• Facts?
• 5 separate claims against local authority for negligence.
• Two cases concerned child abuse and three educational provisions for special needs pupils.
• Principle?
• Rejected child abuse claims.
• Not F, J or R to impose duty where degree of discretion is required. Defensive practises e.g. removing children from homes prematurely.
• Money/resources to defend such claims. Alternative means like judicial review.
• Education claims - arguable a DOC might exist.

Question 2

W v Essex County Council

Answer 2

• Facts? Shift in attitudes from X v Bedfordshire CC. Despite request not to be given abusive foster child, local authority allowed 15 year old boy into their care knowing he abused his sister. Sexually abused C’s daughter.

Principle?

• DOC existed.
• Council had made assurances to parents that they failed to meet.

Question 3

S v Gloucestershire County Council

Answer 3

• No blanket immunity on local authorities with regards to child abuse. FACT DEPENDENT!!!! Must look at the facts of the case.
• DOC owed to child in this case. Local authority failed to check foster parents properly beforehand.