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ARTICLE · 29 MARCH 2018

High Court Determines That A Child Protection Referral Is Protected By Qualified Privilege

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The High Court has held that a Landlord who made a child protection referral to Tusla and the HSE arising from child protection concerns she had about her tenants could successfully rely on the defence of qualified privilege...

IrelandLitigation, Mediation & Arbitration
Clare Daly
Clare Daly
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RP & Another –v- BK [2018] IEHC 139

The High Court has held that a Landlord who made a child protection referral to Tusla and the HSE arising from child  protection concerns she had about her tenants, did so in good faith and could successfully rely on the defence of qualified privilege in defamation proceedings issued by the parents of the child.  This was despite the fact the landlord had been in a dispute with the tenants.

The High Court ruled that the Landlord could rely on the defence of qualified privilege and also the statutory protection under the Protections for Persons Reporting Child Abuse Act 1998.

BACKGROUND

The Plaintiffs had leased a residential property from the Defendant. At the termination of the tenancy the Defendant had refused to relinquish the deposit to the Plaintiff in circumstances where there was damage to the property. An inspection of the property revealed a vent which had been installed in the airing cupboard of the property

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