The Supreme Court has given permission to the appellant (claimant) to appeal in the case of NA v Nottingham County Council.
This case deals with the key question of whether a local authority is legally responsible without fault for the abuse perpetrated by foster parents on a child in their care, either on the basis of:
- Vicarious liability; or
- A non delegable duty (Woodland v Essex County Council).
It has been the subject of appeals by the claimant to the High Court and the Court of Appeal.
The Court of Appeal (Lady Justice Black and Lord Justices Tomlinson and Burnett) unanimously dismissed the claimant’s appeal on both grounds but for different reasons.
This case has exceptional significance in the context of abuse claims against local authorities. It has attracted differing judicial interpretations on complex and competing factual and legal issues.
It is therefore not surprising that the Supreme Court has granted the claimant permission to appeal.
There is no date fixed for the Supreme Court hearing. Please watch this space.
Written by Amy Clarke, associate.