A Negligent Blow to Children at Risk: MAK and RK v United Kingdom (European Court of Human Rights)

In MAK and RK v United Kingdom the European Court found that the absence of a common law duty of care owed to parents by doctors falsely suspecting them of their child's abuse violated the European Convention on Human Rights. This appears to be so even where the suspicion is a reasonable and blameless one to make, all things considered. In such circumstances, the court's decision to find that a parents' Convention rights had been unjustifiably infringed, and to order compensation accordingly, is likely to have the effect of frustrating the effective protection of children genuinely at risk of abuse.