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The statement of claim was struck out by the master as disclosing no reasonable cause of action and on appeal the master’s order was upheld by the judge and the Court of Appeal.In the other case, the local authority took no action for almost five years to place the plaintiff children on the Child Protection Register despite reports from relatives, neighbours, the police, the family’s general practitioner, a head teacher, the National Society for the Prevention of Cruelty to Children, a social worker and a health visitor that the children were at risk (including risk of sexual abuse) while living with their parents, that their living conditions were appalling and unfit and that the children were dirty and hungry.Whether the statute provided other remedies for its breach and whether on the true construction of the statute it was shown that the protected class was intended by Parliament to have a private remedy were indicia of whether a private law cause of action lay for breach of a statutory duty; Cutler v Wandsworth Stadium Ltd  1 All ER 544 and Lonrho Ltd v Shell Petroleum Co Ltd (No 2)  2 All ER 456 applied.
The plaintiff claimed damages for negligence against the local education authority.
In the third case the plaintiff alleged that although he did not have any serious disability and was of at least average ability the local education authority had either placed him in special schools which were not appropriate to his educational needs or had failed to provide any schooling for him at all with the result that his personal and intellectual development had been impaired and he had been placed at a disadvantage in seeking employment.
The plaintiff alleged breach of the education authority’s statutory and common law duties and claimed damages for the expense incurred by his parents in placing him at a special school where his particular educational needs were addressed and his condition diagnosed and treated.
In the second case the plaintiff alleged that the headmaster of the local primary school which he attended had failed to refer him either to the local education authority for formal assessment of his learning difficulties, which were consistent with dyslexia, or to an educational psychologist for diagnosis, that the teachers’ advisory centre to which he was later referred had also failed to identify his difficulty and that such failure to assess his condition (which would have improved with appropriate treatment) had severely limited his educational attainment and prospects of employment.
The child and the mother brought an action against the local authority, the psychiatrist and the health authority which employed her, claiming damages for breach of statutory duty and negligence and alleging that the defendants had failed to investigate the facts with proper care and thoroughness or to discuss them with the mother and were thereby in breach of their duty under the Child Care Act 1980 to safeguard the welfare of children.
The child and the mother claimed that, as a result of their enforced separation and the lack of information given to them, they had suffered anxiety neurosis.
The child in fact intended to refer to a cousin with the same first name who had previously lived at the mother’s address but it was not until the mother saw for the first time, in subsequent proceedings, a transcript of the child’s interview with the psychiatrist and the social worker that she realised that the child had not identified her boyfriend as the abuser and that there was no evidence to support that conclusion.
The local authority accepted that fact and took steps to rehabilitate the child with the mother and her boyfriend.
The plaintiff also had to show that the circumstances were such as to raise a duty of care at common law.
In determining whether such a duty of care was owed by a public authority, the manner in which a statutory discretion was or was not exercised (ie the decision whether or not to exercise the discretion) had to be distinguished from the manner in which the statutory duty was implemented in practice.
Action – Immunity from civil action – Witness – Expert witness – Extent of immunity from civil action – Psychiatrist interviewing child suspected of having been sexually abused at request of local authority -Whether psychiatrist entitled to immunity from action for negligence: X and others (minors) v Bedfordshire County Council; M (a minor) and another v Newham London Borough Council and others; E (a minor) v Dorset County Council;and other appeals; HOUSE OF LORDS, (United Kingdom) X and others (minors) v Bedfordshire County Council; M (a minor) and another v Newham London Borough Council and others; E (a minor) v Dorset County Council;and other appeals; HOUSE OF LORDS  2 AC 633,  3 All ER 353,  2 FLR 276,  3 WLR 152, 26 BMLR 15,  Fam Law 537,  3 FCR 337, 94 LGR 313 HEARING-DATES: 10, 11, 12, 13, 17, 18, 19, 20, 24, 25, 26, 27 October 1994, 29 June 1995 29 June 1995 CATCHWORDS: Local authority – Statutory duty – Breach of statutory duty – Careless performance of statutory duty – Exercise of statutory discretion – Justiciability of decisions involving policy matters – Application of principles of negligence – Whether fair, just and reasonable to impose duty of care.Tags: Adult Dating, affair dating, sex dating