header-logo header-logo

State negligence?

05 July 2007 / David Burrows
Issue: 7280 / Categories: Features , Family
printer mail-detail

Does the state owe a duty of care to parents or children? asks David Burrows

In R (on the application of Kehoe) v Secretary of State for Work and Pensions [2004] UKHL 48, [2005] 4 All ER 905, Baroness Hale was in a minority in the House of Lords. She began her dissenting opinion as follows:

“This is another case which has been presented to us largely as a case about adults’ rights when in reality it is a case about children’s rights. It concerns the obligation to maintain one’s children and the corresponding right of those children to obtain the benefit of that obligation.”

The judgments of the Court of Appeal in Rowley v Secretary of State for Work and Pensions [2007] EWCA Civ 598, [2007] All ER (D) 186 (Jun) can be seen in much the same way. Rowley was another child support case, but this time raising the question of whether a duty of care is owed by the secretary of state to parents or children. Baroness Hale may have been in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll