header-logo header-logo

20 September 2024 / Christopher Ratcliffe
Issue: 8086 / Categories: Features , Family , Child law
printer mail-detail

Fostering & family ties

189727
Are local authorities liable for abuse within foster placements, regardless of the child’s relationship to the foster parents? Christopher Ratcliffe traces recent case law
  • The Court of Appeal has held that the relationship between foster parents and a local authority could be akin to employment to satisfy the requirements for vicarious liability, even where the foster parents and foster child were related. However, the court refused to lay down a blanket rule.
  • This article considers the reasoning behind that decision, the implications for future cases and why the Court of Appeal was right to discount any motive on the part of the foster parents for fostering children into the equation.

Vicarious liability is a rule of responsibility which assigns liability to one party for torts (civil wrongs) committed by another. The responsible party may be blameless, and while the tortfeasor remains liable, the injured party may choose to pursue the responsible party for redress for several reasons, including that they may be in a better position to satisfy any award of damages.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll