The Negligence Liability of Local Authorities for Failure to Protect Children from Abuse: Where to Draw the Line?

(2018) 34 Professional Negligence 190

University of Cambridge Faculty of Law Research Paper No. 44/2018

Posted: 27 Jun 2018 Last revised: 12 Nov 2018

See all articles by Stelios Tofaris

Stelios Tofaris

University of Cambridge - Faculty of Law

Date Written: June 1, 2018

Abstract

When should local authorities be liable in negligence for failure to protect children from abuse by third parties? The answer is of wide importance, but so is the way of reaching the answer. This makes CN v Poole Borough Council, now before the Supreme Court, destined to be a landmark case in the law on the negligence liability of public authorities. The paper discusses the Court of Appeal's judgment, seeking to identify some of the key questions which arise in this context and to examine possible ways of answering them.

The paper is forthcoming in the next issue of Professional Negligence. An identical version had previously appeared as University of Cambridge Faculty of Law Research Paper No. 44/2018. Pending publication, an electronic copy of the article is available from the author.

Keywords: CN v Poole Borough Council, Torts, Negligence, Public Authorities, Omissions, Child Abuse

Suggested Citation

Tofaris, Stelios, The Negligence Liability of Local Authorities for Failure to Protect Children from Abuse: Where to Draw the Line? (June 1, 2018). (2018) 34 Professional Negligence 190 . Available at SSRN: https://ssrn.com/abstract=3203432 or http://dx.doi.org/10.2139/ssrn.3203432

Stelios Tofaris (Contact Author)

University of Cambridge - Faculty of Law ( email )

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