Vicarious Liability and Non-Delegable Duty for Child Abuse in Foster Care: A Step Too Far?

In NA v Nottinghamshire County Council the Court of Appeal held that a local authority is not liable under vicarious liability or for breach of a non-delegable duty when foster parents sexually or physically abuse a child that it has placed in their care. The note discusses the decision in the light...

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Bibliographic Details
Published in:Modern law review 2016-09, Vol.79 (5), p.884-900
Main Author: Tofaris, Stelios
Format: Article
Language:English
Subjects:
Care
Child abuse
Child abuse & neglect
Common law
Federal court decisions
Foster care
Foster children
Independent contractors
Law and legislation
Liability
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Summary:In NA v Nottinghamshire County Council the Court of Appeal held that a local authority is not liable under vicarious liability or for breach of a non-delegable duty when foster parents sexually or physically abuse a child that it has placed in their care. The note discusses the decision in the light of recent developments in the law. It is argued that the result is unsatisfactory in terms of doctrine and policy. It is further suggested that non-delegable duty, rather than vicarious liability, offers the most appropriate route for establishing liability.
ISSN:0026-7961
1468-2230
DOI:10.1111/1468-2230.12219