In a landmark decision, the Supreme Court has upheld a damages claim brought by a woman who was subjected to physical and sexual abuse whilst in foster care as a child. In what will be viewed as an extension of the concept of vicarious liability, the Court found that the local authority that had taken her into care bore indirect legal responsibility for the foster parents’ actions.
During two separate placements, the first when she was aged just eight, the woman had been subjected to cruel physical abuse by a foster mother and sexual abuse by a foster father. Her compensation claim was dismissed by the High Court, and subsequently by the Court of Appeal, on the basis that the local authority was not vicariously liable for the abuse that she had endured.
In upholding her appeal by a majority, the Supreme Court noted that the council had carried out the recruitment, selection and training of the foster parents, paid their expenses and supervised their work. They were not carrying out a business of their own and their abuse of the woman was committed in the course of an activity carried out for the council’s benefit.
The Court noted that placement of children with foster carers creates a relationship of authority and trust that renders the children concerned particularly vulnerable. The council enjoyed a significant degree of control over the foster parents’ activities, exercising powers of approval, inspection and supervision. Micro-management of foster parents was not required for the imposition of vicarious liability.
Local authorities, unlike most foster parents, would have the financial means to pay compensation and there was no evidence to suggest that imposing vicarious liability would encourage councils to place children in institutional care, as a far more expensive alternative to fostering. Vicarious liability would not have been imposed had the woman been placed with her own parents and the Court found that its ruling did not impose unduly exacting standards on local authorities. The amount of the woman’s compensation remains to be assessed.