Jackson v Liverpool City Council 2011 AER89

Mr Jackson was a social worker with Liverpool Council’s youth offending team.  He brought proceedings against the Council when a negative reference was provided on his behalf relating to an incomplete investigation of some allegations.  Mr Jackson claimed negligence against Liverpool Council alleging that the reference had not been prepared with due care.  The judge allowed his claim finding that although the reference had been true and accurate it had not been fair, as a result of his being faced with unspecified, unparticularised and uninvestigated concerns that he had not had an opportunity to counter.  Liverpool Council appealed which appeal was allowed.  If it had not produced a reference it would have left Mr Jackson in a worse position or it would have had to conduct a lengthy investigation to resolve the concerns and Mr Jackson had not argued that those concerns should have been investigated.