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Child Protection - Important legal judgement
On the 21 April 2005 the House of Lords delivered judgment in a test case brought by parents who had been suspected of inflicting non-accidental injury, sexual
abuse and Munchausen’s Syndrome by Proxy.
The decision is of critical importance for doctors in relation to suspected child abuse. The House of Lords has ruled that a doctor should report to
the Local Authority any suspicion of child abuse formed in good faith.
They ruled that in raising such a suspicion the doctor’s sole concern
should be the welfare of the child. They ruled that the doctor would not be liable for any harm suffered by the child’s parents as a result of the suspicion being raised. The doctor’scommon law duty of care is to the child and not to the parent.
House of Lords - Opinions of the Lords of Appeal for judgment in the
cause JD (FC) (Appellant) v. East Berkshire Community Health NHS Trust and others (Respondents) and two other actions (FC)
Further Information:
Data Protection; Child Protection
LMC Guidance on Child Protection
CED 05/05/05
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