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20 September 2024 / Christopher Ratcliffe
Issue: 8086 / Categories: Features , Family , Child law
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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.

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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