Welton v North Cornwall District Council [1997]

An environmental health officer was found negligence in giving bad advice, and his employers were liable in damages.

An environmental health officer inspected a guest house, and informed the owners that 13 substantial building and refurbishment works were required in order to comply with the law. They were told that if they did not do the required works he would have to shut them down. They therefore complied with his demands, which incurred them heavy costs. After the work had been completed, the proprietors found that it had not in fact been at all necessary.
The County Court judge held that the officer owed a duty of care to the owners of the guest house, requiring him to take reasonable care when advising them. His inappropriate advice constituted a breach of this duty. The owners were awarded damages for the wholly unnecessary and excessive expenditure which was incurred, and for the disruption of family life, inconvenience and future loss of capital on sale.

HELD:  The Court of Appeal dismissed the appeal, holding that the officer had been under a duty of care to the owners as he knew that they would rely on the information he gave them. The council was liable for the conduct of their employees who were exercising its statutory powers and duties. 

This case is an unusual exception to the general rule and the usual restrictive approach taken where a claim depends on showing that a public body owes a duty of care at common law to persons likely to be affected by its activities.

Citation: Welton v North Cornwall District Council [1997] 1 WLR 570