0370 270 6000

Search

Search Mobile

collapse

already registered?

Please sign in with your existing account details.

Email address

Password

Sign in with LinkedIn

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Register with LinkedIn

Forgotten your password?

collapseSign

Home

Insights & events

Resources

Blogs

Social care - vicarious liability for everyone

Social care – vicarious liability for everyone?

20 January 2012

LexisNexis Butterworth is reporting on a claim against the Children’s Society that was in court on 16th January. A man in his 60s claims that, as a teenager, he was sexually molested and raped by the son of the warden and the matron at a Children’s Society home. During a police interview in 2008, the son admitted indecently assaulting the claimant and other children at the home.

The claimant argued that the son was sometimes entrusted to look after children at the home. It was argued that despite the fact that he was not an employee of The Children’s Society, the charity is liable for the abuse as it took place while the son was ‘in charge’. If this argument is successful the categories of people for whom defendants such as schools, charities and fostering agencies might be vicariously liable could be enormous.

We will be providing an update as soon as the judgement is available.

Related opinions

Flexible working, childcare and indirect sex discrimination – important reminder

The courts have long recognised that, on a societal level, women bear a greater burden of childcare responsibilities than men which can make it more difficult for women to comply with employer requirements for flexible working (known as the ‘childcare disparity’).

Sports associations and clubs – keeping children safe from sexual abuse – Lessons learned from the Sheldon report

On 17 March 2020 a report by Clive Sheldon QC was published. He had been appointed by the FA back in December 2016 to carry out an independent review into allegations of sexual abuse by coaches and scouts working in youth football between 1970 and 2005.

The Debt Respite Scheme and its implications for creditors

The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 is due to come into force on 4 May 2021. It’s a snappy title but what exactly is it?

COVID-19 child protection practice - four months in - lessons learned so far

In June 2020 the University of Birmingham published a research briefing exploring the impact of the COVID-19 pandemic on child protection practice.

View all blogs

Sarah Erwin-Jones

Partner

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up

Quick links

Social care