A local authority cannot be held vicariously liable for the wrongful actions of foster parents as the relationship is not akin to employment, the Court of Appeal has held.
Nor can a local authority be held to owe a non-delegable duty of care to ensure that a child in foster care is protected from harm, the Court of Appeal has found, in NA v Nottinghamshire County Council [2015] EWCA Civ 1139.
The claimant, NA, was physically and sexually abused by her foster parents in the late 1980s. It was established that the Council was not negligent.
Ceri-Siân Williams, solicitor at Browne Jacobson, who acted for the local authority, says: “Abuse of children is never acceptable, and the defendant is sympathetic to the claimant’s unhappy childhood experiences.
“However, this is an important decision for local authorities. It reaffirms the position in relation to abuse by foster parents. Had the decision at first instance been overturned on appeal it would have meant that the local authority would have been strictly liable for proven abuse by foster parents. It could have had an adverse impact on how children in care are currently accommodated, and meant that local authorities faced numerous similar claims for historical abuse, all at considerable cost. In times of austerity this would put significant financial pressure on local authorities.”
She said the judgment will not bar individuals from seeking compensation where they are abused by foster parents as they can still pursue the foster parents direct, or bring claims in negligence where a local authority has breached its duty of care.
Delivering his judgment, Lord Justice Tomlinson said a local authority does not delegate its duty to provide accommodation and maintenance for the child but discharges it, so cannot owe the child a non-delegable duty.
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