W v Essex County Council [2000]

Facts

  • Foster parents wished to foster another child, and explicitly told the council that they did not want a child who had been, or was suspected of being, a child abuser
  • The child who they subsequently fostered abused the existing foster children in the house

Issue

  • Could the parents be said to have been part of the immediate aftermath of the abuse incidents, could they recover for their concerns and resulting mental injury

Decision

  • ┬áRecovery allowed

Reasoning

  • The categories of primary and secondary victims are not fixed
  • It is arguable whether the parents could be classed as primary victims, trial should proceed

Citation

[2000] 2 WLR 601

RELATED CASE  Halsey v Esso Petroleum [1961]

Posted in Tort Law Revision Notes.

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