55. In summary, my view, like that of Field J, is that Mr Weir’s proposed ‘small incremental step’ in development of the common law would be a step too far. The public interest in effective and fair investigation and prevention of criminal behaviour has fashioned the common law to protect those suspected of it from malice or bad faith, but not from a well-intentioned but negligent mistake, as Lord Nicholls emphatically explained in East Berkshire, at paras 74, 77 and 78. The basis for that distinction is the need to provide protection to those who have a duty to enforce the law in good faith from the imposition of a duty in negligence that could or might tend to inhibit them in the effective fulfilment of that duty. The development proposed would fundamentally distort the law of negligence in this area, putting at risk the protection for children which it provides in its present form. Article 8, with its wholly different legal construct of engaging liability without reference to a duty of care, complements it in facilitating a similar protection through mechanism for justification. The provision of a discrete Convention remedy through the medium of the HRA, does not, on that account, necessitate change of the common law in the manner proposed. This Court and the House of Lords have recently clarified in East Berkshire the relevant principles of the common law, including the effect or lack of effect in relation to this issue of the impact of the HRA, concluding that they preclude the existence of such a duty to the parent. That reasoning, with respect, still stands, and is not, as Mr Weir would have it, ‘consigned to history’.