The courts are often called upon to sanction treatment for patients whose ability to make decisions for themselves is impaired. In a recent case on point , the Court of Protection had to decide whether it was in the best interests of a man with mental...
In general, employers can be held 'vicariously liable' for the actions of their employees, in the course of their employment, where these cause damage to other people.
A recent case has confirmed, however, that the principle cannot be extended to foster carers. The case involved the physical and sexual abuse of a child put into foster care by Nottinghamshire County Council.
The Court of Appeal ruled that the Council's duty of care to the child was not 'non-delegable'.
Accordingly, the Council was not liable for the abuse.