D v East Berkshire Health Community NHS Trust UKHL 23 is an English tort law case, concerning a duty of care in the case of suspected (but non-existent) child abuse.
Facts Claimants said East Berkshire Health Community NHS doctors and social workers were negligent in deciding the claimants had abused their children. They argued the duty concept was inappropriate to decide whether liability could arise, and the relevant considerations were whether there was a breach of duty. The children in fact had skin disorders, they were not beaten, but they were removed from parents by social workers.D Nolan and K Oliphant, Lunney & Oliphant's Tort Law: Text and Materials (7th edn 2023) ch 3, 123-4
Lord Phillips MR held that the children could claim under ECHR article 8(1), but parents could not because there would potentially be a conflict of duty between parents and the safety of children. EWCA Civ 1151, -
Judgment The House of Lords confirmed the Court of Appeal's ruling that parents could not claim (though children could) and this approach pursued a legitimate aim and was necessary in pursuit of the European Convention on Human Rights, article 8(2).
Lord Bingham said the following:
Lord Rodger said the following:
See also
English tort law
References