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02 June 2011 / Heather Platt
Issue: 7468 / Categories: Features , Child law , Family , Personal injury , Limitation
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Handle with kid gloves

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Heather Platt examines the law in relation to children who sue their parents

IN BRIEF

  • The provisions of the Limitation Act 1980 lead to peculiar and unjust outcomes for claimants maltreated during their early years.
  • Claimants are advised to plead both negligence and trespass.

The law of tort is primarily concerned with providing a remedy to those who have been harmed by the conduct of others. This article considers the law in respect of parents’ legal obligations towards their children and some examples of cases which involve a child suing his or her parents for causing physical or psychological harm.

The case law in the UK has developed under the umbrellas of negligence and trespass to the person. However, one of the problems faced by claimants, particularly those who were abused as children, is the limitation regime which can operate in an arbitrary way causing irrational and unjust outcomes.

The limitation hurdle

The statutory basis for the limitation is the Limitation Act 1980 (LA 1980). It provides

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