Phelps v Hillingdon LBC; Anderton v Clwyd County Council; Re G (a minor); Jarvis v Hampshire County Council [2000] 4 All ER 504 (HL)

Negligence – duty of care – immunity from suit – striking out – vicarious liability

Educational psychologists, teachers and education officers owed a duty of care to their students, and a local authority could be vicariously liable for their negligent acts or omissions which resulted in loss, damage or injury. Thus, a failure by an educational psychologist to diagnose a congenital condition and to take appropriate action was damage for the purpose of the common law and although questions of causation and quantum might be very difficult, there was no reason in principle to rule out such claims.

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