Last October, the U.K.’s top judicial body, the Supreme Court, held a local authority vicariously liable for the abuse suffered by a foster child.<\/p>\n
Nottinghamshire County Council was responsible for organising the fostering of a child between the ages of seven and 18 in the 1980’s. During her placement in two different foster homes, the child suffered physical, emotional and sexual abuse by her foster parents.<\/p>\n
After a lengthy legal battle, the Supreme Court has found a local authority vicariously liable for the abuse<\/strong>. Both the High Court and the Court of Appeal dismissed her claim.<\/p>\n Unwilling to give up, the appellant took her case to the final court of appeal in the U.K.; the Supreme Court. By a majority of 4:1, the Supreme Court agreed with the appellant on her second argument: Nottinghamshire local authority was “vicariously liable for the abuse committed by the foster parents<\/strong>.”<\/p>\n The presiding Lords and Lady agreed to dismiss the appellant’s first argument that the county council had a non-delegable duty to ensure the safety of children whilst under the care of their foster parents, as this was thought to have been too broad and could create an unmanageable degree of responsibility on the council. Practically speaking, it was deemed as an unreasonable duty that could be too demanding. However, the judges did find that the county council was vicarious liable for her foster parent’s actions, as per the principles in Cox v Ministry of Justice [2016] UKSC 10<\/em>.<\/p>\n
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\nNow an adult, the victim took her case to the British Courts arguing that, although it wasn’t the council who abused her or were negligent in the selection and supervision of her foster parents, the council was still responsible because they had a “non-delegable” duty to keep her safe, or that they were “vicariously liable for the wrongdoing of the foster parents.”<\/p>\n