A mother and her young son cannot claim damages from a local authority which wrongly accused her of harming the child who was then taken from her.
The child was in care for four months before it was found his rib injuries were caused by brittle bone disease.
The mother, from Bury, Greater Manchester, claimed that both she and her son suffered psychological damage.
The Court of Appeal ruled Bury Council did not owe the mother a duty of care and she cannot sue for negligence.
Although there was a duty of care owed to the boy, the was no evidence, other than from the mother, that the separation had caused any lasting damage, the appeal judges ruled.
Lords Justices Mummery, Wall and Laws waited to hear the case until after a House of Lords ruling on similar claims over children had wrongly been taken into care ... more