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Family Law

The leading authority on all aspects of family law

17 JAN 2006

CHILD ABUSE/NEGLIGENCE: D v Bury Metropolitan Borough Council; H v Bury Metropolitan Borough Council [2006] EWCA Civ 1

(Court of Appeal; Mummery, Laws and Wall LJJ; 17 January 2006)

Care professionals charged with questions of child protection and the investigation of child abuse had to be free to exercise their professional functions without the burden of an exposure to damages claims in the event that doubts about the injury or sexual abuse proved unfounded. A local authority, investigating the possibility of child abuse, did not owe a duty of care to the parents of the child while the child was the subject of an interim care order, or while the investigation continued under the aegis of that order, although it did owe a duty to carry out its reasonable plans of child protection in a professional manner.

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