BB & BJ Leicestershire County Council
Nottingham County Court
6 June 2014
This article examines this first instance decision involving historic abuse of two claimants by foster parents when they were girls. Although the judge refused to exercise discretion under s.33 of the Limitation Act 1980 and the claims failed, he commented that he would have found that the local authority owed a non-delegable duty of care in respect of abuse by the foster carers. Whilst only an obiter decision, the case provides a useful steer as to how claimants will pursue their arguments in the future.