Legal Liability and Accountability for Child-care Decisions

Correspondence to Tom Guthrie, School of Law, University of Glasgow, Stair Building, University of Glasgow, Glasgow G12 8QQ, UK. Summary Although decisions taken by social workers in cases of suspectedchild abuse and in looking after children in their care maybe the subject of public enquiries and press comment, they willnot in general incur any legal liability to compensate childrenwho claim to have suffered as a result of these decisions. Thisarticle examines the reasons why such liability is excludedby the courts, as well as looking briefly at other mechanismsfor challenging social workers'decisions. It is argued thatthe grounds for excluding liability are speculative and thatintroducing liability to this area might encourage good practice.