Local Authority Not Liable for Foster Care Abuse

In general, employers can be held ‘vicariously liable’ for the actions of their employees, in the course of their employment, where these cause damage to other people.

A recent case has confirmed, however, that the principle cannot be extended to foster carers. The case involved the physical and sexual abuse of a child put into foster care by Nottinghamshire County Council.

The Court of Appeal ruled that the Council’s duty of care to the child was not ‘non-delegable’.

Accordingly, the Council was not liable for the abuse.