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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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