header-logo header-logo

NLJ this week: Vicarious liability where foster parents & child are related

20 September 2024
Issue: 8086 / Categories: Legal News , Family , Child law
printer mail-detail
189727

The relationship between foster parents and a local authority was held to be akin to employment even though the foster parents and foster child were related, in a recent Court of Appeal case on vicarious liability for abuse suffered

Writing in this week’s NLJ, Christopher Ratcliffe, solicitor advocate and senior lecturer at Nottingham Law School, examines the case of DJ v Barnsley Metropolitan Borough Council and another [2024] EWCA Civ 841.

Ratcliffe considers the reasoning behind the decision and the implications for future cases. He notes the court declined to lay down a blanket rule on the matter, and considers whether there are implications for future cases.

Ratcliffe writes: ‘An interesting element of DJ is the court’s consideration of the motive of the foster parents—that DJ was only fostered because he was their nephew. While the lower courts had attributed weight to motive, the Court of Appeal have made it clear that “motive is not relevant to determining whether the relationship between the [local authority] and the foster carer is akin to employment”.’

Issue: 8086 / Categories: Legal News , Family , Child law
printer mail-details
RELATED ARTICLES

MOVERS & SHAKERS

Excello Law—five appointments

Excello Law—five appointments

Fee-share firm expands across key practice areas with senior appointments

Irwin Mitchell—Grace Morahan

Irwin Mitchell—Grace Morahan

International divorce team welcomes new hire

Switalskis—14 trainee solicitors

Switalskis—14 trainee solicitors

Firm welcomes largest training cohort in its history

NEWS
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
back-to-top-scroll