VICARIOUS LIABILITY

July 23rd, 2024 by James Goudie KC

The question arising on the appeal in DJ v BARNSLEY MBC (2024) EWCA Civ 841 was whether 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. This question was left open by the Supreme Court in ARMES v NOTTINGHAMSHIRE COUNTY COUNCIL (2018) AC 355. The Court of appeal in the Barnsley case held that, on the specific facts of that case, the authority was liable. That was on the basis that the relationship between the authority and the carers was akin to employment. The Court of Appeal did not however lay 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.  Nor did they give any indication about the circumstances in which vicarious liability might arise under the present legislation and regulatory regime.

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