Supreme Court to hear key case on liability of councils for foster care abuse

The Supreme Court has agreed to hear a key case on the liability of councils for foster care abuse, it has emerged.

The decision of a three-justice panel – comprising Lady Hale, Lord Clarke and Lord Carnwath – earlier this year was revealed in the latest list of the Court’s determination of applications for permission to appeal, published today.

In November last year the Court of Appeal concluded in NA v Nottinghamshire County Council [2015] EWCA Civ 1139 that local authorities do not owe a child in such care a non-delegable duty.

The Court also confirmed that a local authority cannot be held vicariously liable for the wrongful actions of foster parents. It had already been established that the council was not negligent in the case in question.

The background to the case was that the claimant had been placed with two sets of foster parents; Mr and Mrs A from 1985-86, and Mr and Mrs B from 1987-88.

In the High Court Mr Justice Males had allowed the claim against the council to proceed out of time and found that the claimant had been physically abused by Mrs A and sexually abused by Mr B.

The claimant argued that the local authority was liable to her either because it was vicariously liable for the torts of foster carers or because it owed to her a non-delegable duty of care to ensure that she was protected from harm.

However, Mr Justice Males rejected both arguments. The judge had also held that the local authority social workers had not been negligent and so had done nothing wrong.

The claimant appealed but three Court of Appeal judges affirmed the earlier ruling that a local authority cannot be held vicariously liable for the deliberate acts of foster parents as the relationship between the council and a foster parent is not “akin to employment”.