CYP Now - Child protection: Relief at Lords' decision that parents cannot sue workers

Social workers and paediatricians who diagnose cases of child abuse cannot be sued by parents even if they are negligent, according to a landmark House of Lords ruling last week.

The ruling was greeted with relief by professionals concerned that existing legal protection - and sole duty of care to the child - may have been overturned.

Three claims were brought by parents who claimed they had suffered psychiatric illness as a result of their experiences with NHS trusts in East Berkshire, Dewsbury and Oldham, and with Kirklees Metropolitan Council.

Four of the five judges ruled that doctors and social workers owed no duty of care to parents, saying this could conflict with their duty to the child and increase the risk of abuse.

Bertie Leigh, senior partner at law firm Hempsons and solicitor for the NHS trusts, said the ruling was timely following a survey released last week that showed 60 per cent of trainee paediatricians did not want to be involved in child protection.

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