Liability for Psychiatric Illness

Current project status

  • Initiation: Could include discussing scope and terms of reference with lead Government Department
  • Pre-consultation: Could include approaching interest groups and specialists, producing scoping and issues papers, finalising terms of project
  • Consultation: Likely to include consultation events and paper, making provisional proposals for comment
  • Policy development: Will include analysis of consultation responses. Could include further issues papers and consultation on draft Bill
  • Reported: Usually recommendations for law reform but can be advice to government, scoping report or other recommendations

This project is complete. The Government decided not to proceed with our recommendations.

This project is concerned with the law relating to liability for negligently inflicted psychiatric illness. The aim of our recommendations for reform was to remove what we believe to be unnecessary constraints on claims for negligently inflicted psychiatric illness, thereby alleviating the arbitrariness of the current law, but without giving rise to fears of uncontrolled liability.

The Government decided not to proceed with our recommendations. For further details please refer to the Lord Chancellor’s Annual Report 2010-2011 to Parliament on the Implementation of Law Commission Proposals.

Documents and downloads

Project details