Brent McDonald on public duties & private remedies
In Connor v Surrey County Council [2010] EWCA Civ 286 the Court of Appeal took a further look at the position where a local authority is alleged to have been negligent in failing to exercise its statutory powers, this time in the context of a “stress at work” case.
The claimant was the head teacher of a successful school. She was also a member of its governing body, with whom she had a good working relationship. In 2003 a new parent governor was appointed called Mr Martin. Mr Martin was concerned that there were insufficient links between the school (which was 90% Muslim) and the local community.
Due to the demanding, rude and intimidating behaviour of Mr Martin and his associates, the claimant became worried. She approached the defendant council for support. She said that he situation had become intolerable and that the council needed to intervene. Instead of intervening and using its powers to remove the board and appoint an interim executive board, the council instead undertook a review and in due course produced a
