Date: Thu, 31 Jan 2008 08:35

From: Robert Stevens

Subject: Children snatching

Another report on the BBC, this time about taking a child away by Nottingham social services.

This is one area where I do get rather cross about the apparent state of our law in England. It ought to be clear that deliberately taking away a parent's child without permission is a tort (this is not a negligence action). Unless the social services have an immunity or privilege conferred by legislation, they should be liable. No Human Rights Act argument should have to be raised: it is just a wrong. But there is a, to me, ridiculous decision of the CA in F v Wirral which seems to stand in the way of what should be obvious.

Robert Stevens
Professor of Commercial Law
University College London

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