W v Essex [2004] UKHL 15

Written By Nicolas Heyes

House of Lords

Basic Facts: Parents (P) claimed damages for psychiatric illness after discovering that their foster child, placed with them by the local authority (D), had a history of sexual abuse and subsequently harmed their own children.

Issue: Can parents claim damages for psychiatric injury caused by discovering abuse that they had not witnessed or experienced directly?

Held: The House of Lords did not strike out the claim, noting that while proving the claim might be challenging, it was not unarguable. Cs have a plausible claim either as primary or secondary victims.

Academic commentary - Lunney & Oliphant:

    • Duty of care (DoC) should be viewed as arising from the local authority's assumption of responsibility rather than a dilution of proximity.

Nicolas Heyes
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