Children can sue over abuse claims

Some parents have been falsely accused of abusing their children

Children who are wrongly diagnosed as suffering from child abuse can sue doctors and social workers, the Court of Appeal has ruled.

However the judges ruled that the parents of those children have no right to sue.

The case was brought by three families who say they suffered serious psychological distress when they were falsely accused of abuse.

Both sides in the case are now hoping to go to the Lords.

As the law stands, doctors and social workers are under an obligation to report suspected cases of child abuse to the authorities.

If they get it wrong though, those accused cannot generally sue them for the damage caused.

Compensation

But in the landmark case, the three couples wanted to change that.

In each case, the parents had been suspected of abusing their children.

Only later, and in one case after the child was taken into care, were the allegations found to be groundless.

They wanted to be able to sue health care workers for negligence.

The cases were brought against East Berkshire Community Health NHS Trust, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, and Oldham NHS Trust.

Psychiatric injury

In the first case, a mother claimed for the distress she said she suffered as a result of wrongly being accused of suffering from Munchausen's syndrome by proxy.

In the second, a father and daughter claimed for psychiatric injury and financial loss resulting from allegations that the man might have abused his daughter.

And the third appeal involved a mother and father who claimed for psychological distress suffered after wrongful allegations of having inflicted injuries on their daughter.

The allegations had led to them being separated from their child for nearly a year, the judges were told.

Campaigners believe it is vital that those falsely labelled abusers should be able to seek compensation.

But some doctors fear any such move could hinder child protection.

Doctors' reaction

The Medical Defence Union, which provides legal cover to doctors, said it was vital the ruling did not deter doctors from reporting suspected child abuse.

Dr Hugh Stewart, a medico-legal adviser at the MDU, said: "This is a very sensitive area, and our members often face a difficult dilemma about whether their concerns are founded.

"Our advice is that, if they have reason to believe that a child may be at risk of harm, they should report those concerns to the relevant authorities without delay."

Last year there were 569,400 referrals to social services concerning harm to children.

Of those 69,900 led to a formal child abuse inquiry, and as a result 27,800 children were placed on the at risk register.