Richard Scorer & Lizanne Gumbel QC discuss the liability of local authorities for foster carers
Awareness of child abuse is growing, and an increasing number of victims are coming forward to allege abuse, both present and historic. So it is essential that children in foster care have the same legal protection as other looked after children. That protection includes the right to compensation when abused by carers. Compensation claims for abuse are now a well-established form of litigation; at any one time there are several thousand cases against schools, hospitals and religious organisations who are alleged to have abused or neglected children in some way.
Most of these claims are made on the basis of vicarious liability: where the abuse is committed by the defendant’s employee, in the course of employment, the organisation is liable in damages pursuant to Lister v Hesley Hall [2001] UKHL 22, [2001] All ER (D) 37 (May). Thus where a “looked after” child suffers abuse in a secure unit or children’s home, and that abuse is committed by the employee of the local authority which owns
