Whether unproven allegations in reports can be libellous

Law and practice Other
1

If someone in care has allegations made against them, and the police determine there is no evidence and take no action, should the home and social worker still share this information with others, and:-

Can the person writing it use the defence of privilege, in this case, or is it libel?

Or can you have the information removed under the Defamations Law?

1 Like
2

Interest question. I haven’t a clue as to the correct answer (retired ASW/AMHP/AMHP trainer)

3

I’ve not read them for a long time but here are two cases on MHLO mentioning defamation:

  • Cornelius v De Taranto [2001] EWCA Civ 1511 — Unauthorised transmission of medico-legal report; unsuccessful defamation claim; damages awarded for injury to feelings caused by breach of confidence.
  • Clift v Slough BC [2010] EWCA Civ 1484 — An email from a local authority stating that Clift was on its violent persons register was published too widely: (1) the disproportionate publication was an unjustified breach of Article 8; (2) the Article 8 breach prevented the local authority from using the qualified privilege defence to defamation.
4

If something happens to someone while they are in care, no-one including the police or staff believe this to be true, and no further action is taken, but you find it is now written down in reports.
Does this amount to defamation of character?
Is there any action you can take to have this deleted?