ABSTRACT

The law of tortious liability against public bodies is a secondary legal remedy, which is clearly excluded if legal remedies to prevent the damage have not been used. In English law the liability of public authorities in Germany is governed by the law of torts contained in section 839 Civil Code, which is concerned with damages for the breach of an official duty. Liability is only imposed on the official if he or she has wilfully or negligently breached the official duty. It has been shown that the element of fault does not constitute a particular problem in the establishment of claim in negligence against public bodies. Reasons for the absence of negligence claims in child abuse cases in Germany is due to the emphasis on the primary legal protection against decisions of youth authorities concerning the welfare of children. The legal position of children is comparatively weak in this relationship between parental rights and the intervention of the state.