Compensation claims for foster carer abuse. Local Authorities held accountable for kinship carers’ actions
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The courts have determined that a local authority can be ‘vicariously liable’ for abuse committed against a child by foster carers who are also a relative of the child, commonly known as a kinship carer. This ruling is significant because it extends the scope of vicarious liability to include situations where the foster carer is a family member, even if the local authority did not directly cause the harm.
The court ruled that the relationship between the foster carers and the local authority was akin to an employer-employee relationship in law from the time the child was placed into care.
The ruling marks an expansion of vicarious liability beyond previous cases, which had cast doubt on whether local authorities could be held liable for the actions of kinship carers.
The change in the law now provides children who have suffered sexual abuse by kinship carers the opportunity to seek justice and claim compensation, something that was previously out of reach for many.
For victims of abuse by their kinship carers, the emotional harm and the breach of trust can be profound and long-lasting. By removing the legal barrier to seeking redress, this change enables victims to hold local authorities accountable for the harm that occurred.
This is a positive development not only for children currently with kinship carers, but also for those who have suffered sexual abuse at the hands of kinship carers in the past, offering them a path to justice and compensation.
All enquiries and claims against a foster carers are handled by our team with the utmost confidentiality, in line with the Solicitors Regulation Authority’s guidelines on professional confidentiality.