SS v Essex County Council & Ors [2023] EWHC 417 (KB) (28 February 2023)

SS v Essex County Council & Ors [2023] EWHC 417 (KB) (28 February 2023)

FF and FM were found liable in negligence for failing to provide SS with sufficiently nutritious food over a period of at least 18 months prior to her removal in May 2009, resulting in severe malnutrition. There was insufficient evidence to find that FF and FM physically or sexually abused SS, or that they emotionally abused her. The evidence did not support findings of false imprisonment or actionable emotional abuse. The court found that the same damage for which ECC compensated SS was caused by the negligence of FF and FM, entitling ECC to a contribution under the Civil Liability (Contribution) Act 1978, but not a full indemnity.

Citation
[2023] EWHC 417 (KB)
Parties
Claimant: SS; Defendant/part 20 Claimant: Essex County Council; Part 20 Defendant: FF; Part 20 Defendant: FM
Jurisdiction
England and Wales
Judgment Date
28 February 2023
Procedural Posture
Part 20 Claim (contribution/indemnity) Following Settlement of Personal Injury/negligence Claim / Judgment After Trial
Outcome
Part 20 claim for full indemnity dismissed; ECC entitled to a contribution from FF and FM for the same damage (malnutrition and neglect) but not for the full sum paid to SS.
Legal Topics
Negligence, Vicarious Liability, Civil Liability (contribution) Act 1978, Foster Care Liability, Personal Injury, Abuse and Neglect, Damages, Protected Parties
Tort Law Civil Procedure Child Protection Social Care Law Negligence Vicarious Liability Civil Liability (contribution) Act 1978 Foster Care Liability +4 more

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Parties

SS

Claimant

Essex County Council

Defendant/part 20 Claimant

FF

Part 20 Defendant

FM

Part 20 Defendant

Procedural Posture

Part 20 Claim (contribution/indemnity) Following Settlement of Personal Injury/negligence Claim / Judgment After Trial

Legal Issues

  1. 1 Whether FF and FM are liable in respect of the same damage as Essex County Council under the Civil Liability (Contribution) Act 1978
  2. 2 Whether FF and FM committed actionable torts (negligence, trespass, false imprisonment, neglect) against SS
  3. 3 Whether the settlement between SS and ECC establishes liability of FF and FM for contribution/indemnity purposes

Ratio Decidendi

FF and FM were found liable in negligence for failing to provide SS with sufficiently nutritious food over a period of at least 18 months prior to her removal in May 2009, resulting in severe malnutrition. There was insufficient evidence to find that FF and FM physically or sexually abused SS, or that they emotionally abused her. The evidence did not support findings of false imprisonment or actionable emotional abuse. The court found that the same damage for which ECC compensated SS was caused by the negligence of FF and FM, entitling ECC to a contribution under the Civil Liability (Contribution) Act 1978, but not a full indemnity.

Court Disposition

Part 20 claim for full indemnity dismissed; ECC entitled to a contribution from FF and FM for the same damage (malnutrition and neglect) but not for the full sum paid to SS.

Orders

  • FF and FM to pay a contribution to ECC in respect of the sums paid to SS for malnutrition and neglect, quantum to be determined.
  • No order for indemnity.