Description
Effect of Human Rights Act 1998 and ECHR 1950 Art 8 and the principle in JD v East Berkshire Community NHS Trust (2005) UKHL 23, (2005) 2 AC 373. The policy consideration underlying the principle in JD v East Berkshire Community NHS Trust (2005) UKHL 23 , (2005) 2 AC 373, that doctors or social workers who failed to exercise reasonable care and skill in erroneously concluding that a child was at risk of abuse from one or both of its parents were not liable in negligence to the parents of the child, was not rendered invalid or otherwise inapplicable by the fact that, after the coming into force of the Human Rights Act 1998, such a parent might have a claim under the European Convention on Human Rights 1950 Art.8.
