D v East Berkshire Community NHS Trust [2003] EWCA Civ 1151

Court of Appeal

Basic Facts: Parents and children brought claims against local authorities (LAs) for stress and anxiety caused by wrongful care decisions, including the wrongful removal of children from parental custody.

Issue for the Court: Does the Human Rights Act 1998 introduce a duty of care on LAs in regulating the care system, and can negligence claims be brought for mistakes?

Held : Dismissing appeal - same reasoning as CA: PAs had to be able to act solely with the child’s interests in mind, especially in an emergency case

Lord Phillips MR:

• The introduction of Human Rights Law means previous decisions that did not impose a duty of care on LAs are no longer valid.

• Imposing a duty of care would not lead to undue caution by officials, as accountability already exists under the HRA.

The duty of care applies to children but not parents, as parents’ interests might conflict with the best interests of the child