Public Authority Liability

Question 1

Liability of public authority concerns what and what kind?

Answer 1

Concerns the possible liability in negligence of public authorities,

• Government departments
• Local councils

(especially e,g. in relation to their social services departments)

• Rescue services
• Regulatory authorities.

Question 2

Matters relevant to actions

Answer 2

• An action may be brought against the public authority directly or on the basis of vicarious liability or both.
• Action be sought against private citizen - can try to claim contribution against Public authority
• In many cases there is no trial of the action

Question 3

Policy issues in determining liability of public authorities

Answer 3

• If Public bodies are given powers to benefit the public at large - should not give rise to a tort claim** (just because they did a bad job)**
• A trial might be very lengthy e.g. examining conduct of public authority over long period of time.
• The public authority frequently has to balance competing interests and risks

East Suffolk River Catchment Board - Even if acted badly, did not cause

Question 4

Preliminary Matters for Public Authority Liability

Answer 4

* Omissions - Not making things better v making things worse (YES) -> Robinson v Chief Constable

* Third Parties

* Policy/Operational Distinction - Dorset -> If a policy is involved then hard to establish -> Officers failures here was operational

Question 5

What is different in terms of elements for public authority liability

Answer 5

Only Duty of Care is different for Public Authority liability

Question 6

General Duty of Care: Failure to use powers or to use them effectively

Answer 6

Stovin v Wise - Failure to use powers to remove a mound

Reinforced by Gorringe - Failure to use powers to paint warning signs

Here, no liability for omissions to use statutory powers -> Tort does not enforce public duties

No specific duty to private citizen

Question 7

General Rule regarding Duty of Care Positive action by the public authority created danger

Answer 7

**Kane v New Forest District Council ** - Dangerous crossing over the road and public increased danger by creating more houses so more people could cross the road

**
Knightley v Johns** - sent to drive and superior did not take precautions

Question 8

Jain v Trent Strategic Health Authority

Answer 8

Positive action may however harm people other than those intended to benefit: no liability to the care home owners for the loss of their business as the duty was owed to the residents.

Question 9

What does Tofaris and Steel say?

4 exceptions to failure in establishing DoC

Answer 9

**Tofaris and Steel **- identifies four categories where PA may owe a DoC to take positive steps to prevent harm

1.) Assumption of Responsibility

2.) Making Matters Worse

3.) Special Level of Control

4.) Social Work Cases

Question 10

Assumption of Responsibility

Answer 10

PA may owe a DoC

where it has assumed responsibility for an individual or group, just like a private party

Question 11

Examples of Health Service Assumption of Responsibility

Answer 11

• Health service – undertaking to provide services - **Darnley - Receptionist told him incorrectly he would have to wait up to 5 hours when he could have gone somewhere else
• Ambulance service - Kent v Griffiths - Ambulance unreasonably delayed without good reason - Once ambulance service takes 999 call -> DoC through assumption of responsibility

Question 12

Can Fire services or police owe an assumption of responsibility

Answer 12

Furnell v Flaherty

Question 13

Is an assumption of responsibility assumed where PA chooses to provide a service

Answer 13

Even if no strict duty to provide service, once it does, reasonable car -> THEN POTENTIALLY DOC

Barnett v Enfield - Once council took child into care -> assumption of responsibility

Question 14

Unsuccesful examples of no assumption of responsibility

Answer 14

Michael v South Wales Police

Tindall v Chief Constable of Thames Valley Police

Question 15

Making Matters Worse

Answer 15

• By intervention PA may have made matters worse than they would have been if they had done nothing at all.

*** Capital & Counties plc ** - Fire brigaeds attened a fire at the claimant’s property - Ordered sprinkler to be turned off -> Made matters worse (DoC exisst when this happens)

Question 16

Special Level of Control

Answer 16

*Home Office v Dorset Yacht Co

-> Young offenders under supervision stole a yacht DoC YES

-> Where one has a special level of control over the source of danger -> law imposes a duty to take reasonable care to prevent foreseeable harm

Tindall ** -> BUT** Just attending the scene and taking temporary action does not equal full control.

Question 17

Social work cases

Answer 17

Local authorities can be sued in negligence when their actions or inactions cause harm to vulnerable children

• This comes under Capara Dickman

Question 18

Cases on Social Work

Answer 18

X v Bedfordshire County Council [1995] - D knew child was being abused in school

3 about education + 2 about social work

JD v East Berkshire - Child wrongfully removed from her home due to purple patches being misdiagnosed as abuse

N v Poole Borough Council - A family, including a disabled child, was tormented by neighbours. Despite this, the council took no protective action.

HXA v Surrey CC - Read

Question 19

Wrongfully accused parents (Social Work cases)

Answer 19

JD v East Berkshire

No duty of care is owed to parents in these circumstances.

The child’s welfare is paramount in child protection decisions.

But Lord Bingham Dissenting - Limited DoC to parents should be recognised particularly where gross error occurs