DJ v Barnsley Metropolitan Borough Council & Anor [2024] EWCA Civ 841 (23 July 2024)

DJ v Barnsley Metropolitan Borough Council & Anor [2024] EWCA Civ 841 (23 July 2024)

The relationship between the local authority and the Gs, as relative foster carers, was not sufficiently akin to employment to give rise to vicarious liability for Mr G's torts. While the Gs were assessed and approved as foster carers, their care for DJ was fundamentally a family activity, distinct from the core business of the local authority. The statutory and regulatory framework did not render the Gs' role integral to the authority's enterprise in the same way as unrelated foster carers. The appeal was dismissed as the necessary relationship for vicarious liability was not established.

Citation
[2024] EWCA Civ 841
Parties
Claimant/appellant: DJ; Defendant/respondent: Barnsley Metropolitan Borough Council; Part 20 Defendant/respondent: SG (for and on behalf of the estate of AG)
Jurisdiction
England and Wales
Judgment Date
23 July 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Second Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Vicarious Liability, Foster Care, Local Authority Liability, Sexual Abuse, Limitation of Actions
Tort Law Child Law Public Law Vicarious Liability Foster Care Local Authority Liability Sexual Abuse Limitation of Actions

Case Brief

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Parties

DJ

Claimant/appellant

Barnsley Metropolitan Borough Council

Defendant/respondent

SG (for and on behalf of the estate of AG)

Part 20 Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Second Appeal From High Court

Legal Issues

  1. 1 Whether a local authority can be vicariously liable for torts committed by a foster carer who is a relative of the child
  2. 2 Whether the relationship between the local authority and relative foster carers is 'akin to employment' for vicarious liability purposes

Ratio Decidendi

The relationship between the local authority and the Gs, as relative foster carers, was not sufficiently akin to employment to give rise to vicarious liability for Mr G's torts. While the Gs were assessed and approved as foster carers, their care for DJ was fundamentally a family activity, distinct from the core business of the local authority. The statutory and regulatory framework did not render the Gs' role integral to the authority's enterprise in the same way as unrelated foster carers. The appeal was dismissed as the necessary relationship for vicarious liability was not established.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • No vicarious liability attaches to the local authority for the torts of the relative foster carer.