Duty of Care

August 31st, 2022 by James Goudie KC

The Appeal in HXA v Surrey County Council (2022 ) EWCA Civ 1196 involves consideration of the circumstances in which a local authority, and/or the social workers for whom it is vicariously liable, owe a duty of care toa child to whom the local authority is providing child protection services. The Court of Appeal’s Conclusions are set out from paragraph 90 to 110.. A duty of care cannot arise simply as a result of the authority’s general duties, but may arise as a result of its specific exercise of its specific duties to a child if, on a case by case basis and the specific facts of the case, the circumstances amount to an assumption of responsibility for the child, and the circumstances in which an authority may assume responsibility for a child are not confined to cases where it acquires parental responsibility under a care order.


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