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Local authority – Statutory powers. The claimant issued proceedings against the defendant local authority for its allegedly negligent failure to remove her from her mother's care, and its liability for the physical and sexual abuse allegedly suffered in foster care. The Queen's Bench Division, in dismissing the claim, held that the negligence allegations failed on the facts. Further, as the authority had no control over the foster parents, it was not vicariously liable for their acts and it would not be fair, just and reasonable for a non-delegable duty to be imposed.
Local authority – Statutory powers. The claimant issued proceedings against the defendant local authority for its allegedly negligent failure to remove her from her mother's care, and its liability for the physical and sexual abuse allegedly suffered in foster care. The Queen's Bench Division, in dismissing the claim, held that the negligence allegations failed on the facts. Further, as the authority had no control over the foster parents, it was not vicariously liable for their acts and it would not be fair, just and reasonable for a non-delegable duty to be imposed.
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