Who is a kinship carer?
This is a relative of a child who steps in to look after a child in place of the child’s parents after the child is taken into care.
When is a local authority liable for abuse carried out by a kinship carer?
Provided there is a care order in place for the child, if the local authority places the child in the care of a relative (kinship carer), then the local authority has to vet the kinship carer to assess if they are suitable to care for the child.
If the relative goes on to abuse the child in their care then the local authority can be liable for the abuse suffered by the child. In the recent case of DP v Barnsley Metropolitan Borough Council (2024) EWCA CIV 841 the Court of Appeal decided that a local authority is liable for abuse carried out by kinship carers. This decision was made on the basis that although kinship carers are not strictly speaking employees of the local authority, they do have a relationship with the local authority akin to employment and so it’s just for the local authority to take responsibility.
Why is this important?
Although the child would have a direct claim against the relative for the abuse, it’s likely the relative would not have the means to pay a compensation award. The local authority is however insured for claims like this and so they would have the money to compensate the child. For this reason, it’s almost always better if the child can claim against the local authority rather than the relative.
To discuss your case with a member of our dedicated team, call us today on 0800 988 8082 or complete our online enquiry form and we will get back to you right away.
