DJ v Barnsley Metropolitan Borough Council & Anor

DJ v Barnsley Metropolitan Borough Council & Anor

After DJ was received into care and the Gs were approved as foster carers, the relationship between the local authority and the Gs was akin to employment. Their care of DJ was integral to the local authority’s discharge of its statutory duties, and the authority is vicariously liable for torts committed by the Gs during this period. Motive is irrelevant to the analysis.

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 Second Appeal
Outcome
Appeal allowed
Legal Topics
Vicarious Liability, Foster Care, Statutory Duties of Local Authorities, Sexual Abuse Claims, Limitation of Actions
Tort Law Child Law Local Government Law Vicarious Liability Foster Care Statutory Duties of Local Authorities Sexual Abuse Claims Limitation of Actions

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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 Second Appeal

Legal Issues

  1. 1 Whether a local authority can be vicariously liable for torts committed against a child by a foster carer who is also a relative of the child.

Ratio Decidendi

After DJ was received into care and the Gs were approved as foster carers, the relationship between the local authority and the Gs was akin to employment. Their care of DJ was integral to the local authority’s discharge of its statutory duties, and the authority is vicariously liable for torts committed by the Gs during this period. Motive is irrelevant to the analysis.

Court Disposition

Appeal allowed

Orders

  • Order dismissing the claim set aside.
  • Matter remitted for further proceedings consistent with this judgment.