Date:

Does a local authority have a non-delegable duty for abuse by foster carers?

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.

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This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.