DJ v Barnsley Metropolitan Borough Council & Anor
[2024] EWCA Civ 841
DJ v Barnsley Metropolitan Borough Council
18 July 2023
[2023] EWHC 1815 (KB)
High Court
A boy was abused by his foster parents (who were also his relatives). The council who placed him there was sued. The court said the council wasn't responsible because the foster parents were family, caring for the boy because of their relationship, not as a paid job for the council.
Key Facts
- •DJ, the claimant, was sexually abused by Mr. G, his maternal aunt's husband, while in foster care.
- •DJ was placed in voluntary foster care with the G family by Barnsley Metropolitan Borough Council (the Defendant) in early 1980.
- •DJ alleges vicarious liability of the council for Mr. G's actions.
- •The Recorder dismissed the claim, finding the relationship between the council and the G family not akin to employer/employee.
- •The appeal focuses on whether the relationship between the council and the G family was sufficiently akin to employment to justify vicarious liability.
Legal Principles
Vicarious liability requires a relationship akin to employment between the defendant and the tortfeasor, and a close connection between the tortious act and that relationship.
BXB [2023] UKSC 15
The relationship between a local authority and foster carers is generally akin to employer/employee for vicarious liability purposes (unless relatives).
Armes v Nottingham County Council [2017] UKSC 60
In determining vicarious liability, consider whether the tortfeasor's activity was integral to the defendant's business; factors include control, benefit, and creation of risk.
Christian Brothers [2012] UKSC 56; Barclays Bank plc v Various Claimants [2020] UKSC 13
Outcomes
Appeal dismissed.
The court found that the G family's care of DJ was sufficiently distinct from the council's statutory duties, resembling parents raising a relative rather than a commercial fostering arrangement.
Recorder's decision upheld.
The Gs' motivation to foster DJ (because he was a relative) and the unique circumstances of the placement pointed towards a family arrangement, not one akin to employment.