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ARTICLE · 03 AUGUST 2011

Public Authority Liability Update - Summer 2011 - A Tale Of Two Strike Outs

Barlow Lyde & Gilbert LLP
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Following the well known decision in JD v East Berkshire Community Health NHS Trust (2005), the High Court has rejected an attempt by a claimant to impose a duty of care on a social services department in circumstances where there was a conflict of interest between the claimant and his daughter.

United KingdomGovernment, Public Sector
Rebecca Wilson
Rebecca Wilson

Ahmad v (1) London Borough of Brent, (2) National Probation Service, (3) Ministry of Justice, (4) Parole Board for England and Wales (2011), High Court

Following the well known decision in JD v East Berkshire Community Health NHS Trust (2005), the High Court has rejected an attempt by a claimant to impose a duty of care on a social services department in circumstances where there was a conflict of interest between the claimant and his daughter.

Facts

The factual background was both complex and disturbing. The claimant had been convicted of murdering his 19-year-old daughter in 1991 in an "honour killing". He was sentenced to life imprisonment but was a model prisoner and was released in 2001 on licence. His licence contained certain conditions and in particular, that he should have no direct contact with his surviving 13-year-old daughter without the prior written authority of social services.

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