Phelps v Hillingdon LBC [2000] 3 WLR 776

House of Lords

Facts: P (Phelps), diagnosed with dyslexia only at age 16 after being incorrectly assessed earlier, sued the council for failing to provide appropriate support, resulting in educational and developmental harm.

Issue: Do local authorities owe a duty of care to ensure proper diagnosis of educational needs for school children?

Held: HOL ruled that D’s owed a duty of care to Cs and were negligent in performing their duty, that duty of care was not excluded on public policy grounds.

• Lord Slynn of Hadley:
  Professionals, including educational psychologists, owe a duty of care to those they advise, provided their advice is expected to be relied upon. The duty arises when the professional is specifically engaged to assess and advise on a child’s educational needs.