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St John’s Chambers’ personal injury barrister Marcus Coates-Walker reports on the recent case of Armes v Nottinghamshire County Council [2017] UKSC 60, regarding care of the appellant by the respondent local authority from the ages of 7 to 18.
The local authority placed the appellant into foster care with: (i) Mr and Mrs A between March 1985 and March 1986; and (ii) Mr and Mrs B between October 1987 and February 1988. She was physically and emotionally abused by Mrs A and sexually abused by Mr B.
The case proceeded on the basis that the local authority were not negligent in the selection or supervision of the foster parents, but that they were nevertheless liable for the abuse perpetrated by her foster carers.
She claimed that the local authority were liable for the abuse, either on the basis that they were:
- (i) in breach of a non-delegable duty; or
- (ii) vicariously liable for the wrongdoing of the foster parents.
Her claim was dismissed by the High Court and the Court of Appeal.
Read more: Supreme Court hold Local Authority vicariously liable for abuse by foster parents
If you would like to instruct Marcus on a related matter please contact his clerks: [email protected] or 0117 923 4730.