The Court of Appeal has allowed the Claimant’s appeal in DJ v Barnsley MBC and another [2024] EWCA Civ 841. The case concerned whether a local authority can be vicariously liable for torts committed against a child by the local authority’s foster carer, who is also a relative of the child. Justin and Tom acted for the Claimant.
The Supreme Court in Armes v Nottinghamshire County Council [2017] UKSC 60 had left open the issue of whether vicarious liability could attach to a local authority in respect of torts committed by a non-parent family member of a looked-after child. At first instance, Recorder Myerson QC dismissed the claim after a trial of the preliminary issue of whether the relationship between the local authority and the foster carers was capable of giving rise to vicarious liability. That decision was upheld on appeal by Lambert J ([2023] EWHC 1815 (KB)).
The Claimant’s appeal was heard by the Lady Carr of Walton-on-the-Hill, the Lady Chief Justice of England and Wales, Bean LJ, and Baker LJ.
The Court’s single judgment upheld the Claimant’s appeal. Of note, the Court accepted the Claimant’s submission that the foster carers’ motive in agreeing to foster the Claimant was irrelevant to the question of whether vicarious liability could arise. Instead, the central relationships for the purpose of determining whether there was vicarious liability were the relationships between the local authority and the Claimant, and the local authority and the foster carers.
Justin and Tom were instructed by Jane Matthews of Jordans Solicitors.
