Mark Whitehead 19 October 2017

Council liable for foster care abuse, judge rules

Local authorities could face a big increase in claims by foster children over historic or recent child abuse after a landmark ruling by the Supreme Court.

Lawyers warned councils may now have to award foster parents holiday and sick pay as the ruling meant they could now be classed as 'workers'.

Former foster child Natasha Armes from Nottingham won her case against Nottinghamshire County Council after judges ruled it was liable for abuse she suffered as a child 30 years ago.

They found that even though the council was not negligent in choosing or supervising the foster parents, it was 'vicariously liable' for the physical and sexual abuse they committed.

The ruling overturned previous decisions against Ms Armes at the High Court and Court of Appeal.

In the judgment Lord Reed said the local authority carried out the recruitment, selection and training of foster parents, paid their expenses and supervised the fostering.

The 'foster parents with which the present case is concerned cannot be regarded as carrying on an independent business of their own', he said.

'Although the picture presented is not without complexity, nevertheless when considered as a whole it points toward the conclusion that the foster parents provided care to the child as an integral part of the local authority's organisation of its child care services.'

Ms Armes' lawyers said the judgment had 'finally put right a terrible injustice which has denied so many victims a legal redress that is widely available to other survivors of abuse.'

They added: 'This removes the arbitrary distinction which meant local authorities could be held vicariously liable for abuse if it took place in a children's home, but not if it took place in a foster carer's home.'

The judges said the next stage of the litigation was for damages to be assessed.

Colin Pettigrew, corporate director for children and families at Nottinghamshire County Council, said: 'Ms Armes should have been safe in the care of her foster carers 30 years ago and she wasn’t, this is a matter of huge regret to us.

'We, of course, accept the findings of the Supreme Court and will be working with Ms Armes' representatives to resolve any outstanding issues related to our liability.

'This Supreme Court determination will have far-reaching implications for us and every other local authority across the land which has children’s social care responsibilities.'

SIGN UP
For your free daily news bulletin
Highways jobs

Minerals Monitoring and Compliance Officer

Durham County Council
Grade 9 £35,412 to £39,152 per annum
We are looking for an experienced individual who has the knowledge of service planning issues relating to development management and monitoring / comp Durham
Recuriter: Durham County Council

Care Support

Durham County Council
Grade 4 £25,583 - £26,824
We have a permanent post available within the Pathways Service - which provides day services Monday to Friday to adults with complex needs. We have 1 Peterlee
Recuriter: Durham County Council

Classroom Teacher

Durham County Council
£37,101 - £45, 352
Classroom Teacher (across KS1 and LKS2) Required to start 1st September 2026   The children, staff and governors of Sedgefield Primary are looking to Sedgefield
Recuriter: Durham County Council

Class Teacher- EYFS Lead

Durham County Council
£45, 352 - £51,048
The children, staff and governors of Sedgefield Primary are looking to appoint an enthusiastic and hard-working Reception Teacher to join our strong t Sedgefield
Recuriter: Durham County Council

Teaching Assistant

Durham County Council
£26,403 - £28,598
At Howletch Lane we are commited to providing a nurturing and inclusive environment where every child can thrive academically, socially and emotionall Peterlee
Recuriter: Durham County Council
Linkedin Banner