Armes v Nottinghamshire County Council

Case

[2017] UKSC 60


Details
AGLC Case Decision Date
Armes v Nottinghamshire County Council [2017] UKSC 60 [2017] UKSC 60

CaseChat Overview and Summary

Armes (Appellant) v Nottinghamshire County Council (Respondent) was heard by the Supreme Court of the United Kingdom, with the appeal dismissed. The case involved a claimant who was abused by foster parents while in the care of the defendant local authority. The court had to determine whether the local authority was liable for the abuse either due to a breach of a non-delegable duty of care or vicarious liability. The Supreme Court found that the local authority was not liable for the abuse. The court held that the relationship between the local authority and the foster parents was not akin to that between an employer and an employee, and therefore vicarious liability did not apply. Additionally, the court found that the local authority did not owe a non-delegable duty of care to ensure reasonable care was taken for the safety of the child while in the care of the foster parents. The court concluded that imposing such a duty on the local authority would not be fair, just, or reasonable, and would potentially discourage local authorities from placing children with foster parents. The final orders of the court were to dismiss the appeal and uphold the decision of the Court of Appeal.
Details

Areas of Law

  • Child Law

  • Public Law

Legal Concepts

  • Foster Care

  • Vicarious Liability

  • Non-Delegable Duties of Care

  • Statutory Duties

  • Control and Supervision

  • Risk Creation