Public Authorities. Flashcards
What are the question you must ask to identify what a public authority is?
1) Established by statutory instrument; 2) have statutory duties; and 3) do they have statutory powers?
What is the threshold requirement for public authorities called? What does that principle say? Which case illustrates this?
It is called the ‘East Suffolk Principle’ and it states that a duty cannot arise automatically out of a statutory power that the police authority exercised, or failed to exercise for C’s benefit (East Suffolk Rivers Catchment Board v Keat).
This case involves a woman driving in a poorly visible road. Give facts, ratio, and verdict briefly.
(Gorring v Calderdale MBC). A woman was driving in a poorly visible road and went over a summit that had no signs and she was driving at the appropriate speed. Got hit by a bus and suffered serious brain damage. Sued the public authority responsible in negligence. Held: no duty of care. Ratio:???.
What is the threshold on pure omissions?
They cannot establish a duty of care.
When do public authorities have a duty of care?
1) Made the situation worse by creating a new danger or by positively increasing danger; 2) assumed responsibility; 3) policy favors a duty of care; and 4) having a duty additional to a statutory duty.
These conjoined cases relate to child abuse and the establishment of negligence against public authorities. Give verdict briefly.
(JD v East Berkshire), (RK and MAK v Newbury Healthcare), and (RK and AK v Oldham). Held: Duty of care established: children invoke a duty for authorities to take care in relation to the investigation of suspected child abuse and the initiation and pursuit of care proceedings. Depending on the facts however it may be held that it is not fair, just, and reasonable to enforce a duty.
Are courts as sympathetic about falsely accused parents (accused of child abuse/negligence) as they are of children? Which case illustrates this?
No the courts are not as sympathetic about falsley accused parents (JD v East Berkshire).
For education negligence, can the public authority be sued for not carrying out an assessment?
Yes they may be sued for carrying out an assessment (Carty v Croydon LBC).
For education negligence, can the public authority be sued for carrying out an unsatisfactory assessment after they choose to do so? Which case illustrates this?
Yes they can if they choose to do so (Christmas v Hampshire).
