header-logo header-logo

Vicarious liability for historic torts

30 July 2024
Issue: 8082 / Categories: Legal News , Local authority , Abuse
printer mail-detail
A local authority can be vicariously liable for torts committed against a child by a foster carer who is also a relative of the child, the Court of Appeal has held

In 1980, the local authority in Barnsley arranged for DJ, then ten years old, to live with his maternal aunt and uncle, Mr and Mrs G, after he was abandoned by his parents. The local authority carried out a foster assessment over the next few months and, in August 1980, DJ was received into care. In 1983, the local authority assumed parental rights for DJ under the legislation in force at the time. The law was subsequently reformed by the Children Act 1989. 

In 2018, DJ alleged he had been sexually assaulted by Mr G as a child and brought a claim against the local authority.

Lawyers for DJ contended there was no material difference between this case and that of Armes v Nottinghamshire County Council [2017] UKSC 60, [2017] All ER (D) 87 (Oct) where the Supreme Court held a local authority vicariously liable where torts were committed by a foster carer who was not related. They argued the situation regarding appointment, termination and local authority control were effectively the same.

The local authority countered that the case could be distinguished from Armes because the Gs acted principally in the interests of their family and the situation was not akin to employment.

Delivering the main judgment in Barnsley Metropolitan Borough Council v DJ (for and on behalf of the estate of AG) [2024] EWCA Civ 841, [2024] All ER (D) 108 (Jul) however, Lady Carr, the Lady Chief Justice, said: ‘In our view, after 1 August 1980, the preponderance of factors points clearly to the relationship between the local authority and the Gs being akin to employment.’

The Lady Chief Justice added: ‘We are not laying down a general rule that a local authority will always be vicariously liable for torts committed by foster carers who are related to the child. Furthermore, in allowing this appeal, we do not intend to give any indication about the circumstances in which vicarious liability might arise under the present legislation and regulatory regime.’

Issue: 8082 / Categories: Legal News , Local authority , Abuse
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll