The Liability of Public Authorities for the Abuse of Children in Institutional Care: Common Law Developments in Canada and the United Kingdom

21 Pages Posted: 4 Apr 2006  

Margaret Isabel Hall

Thompson Rivers University - Faculty of Law

Abstract

After publication of the report of the Waterhouse Inquiry, Lost in Care, and recent UK and European Court of Human Rights decisions regarding the duty of care in negligence, civil actions brought by former children in care against public authorities are certain to increase in the UK and the law in this area is poised for significant development. Recent Canadian cases applying principles of negligence, vicarious liability, and breach of fiduciary duty in this context suggest directions for the development of this new and uncertain area of law in the UK. Canadian authorities have also implemented variously structured extra-legal compensation schemes as an alternative to compensation sought and received in the courts.

Keywords: tort,negligence, duty of care, vicarious liability, fiduciary duty, institutional abuse, children, public authority liability

JEL Classification: K00, K10, K19, K30, K31, K40, K42, K13

Suggested Citation

Hall, Margaret Isabel, The Liability of Public Authorities for the Abuse of Children in Institutional Care: Common Law Developments in Canada and the United Kingdom. International Journal of Law, Policy and the Family, Vol. 14, pp. 281-301, 2000. Available at SSRN: https://ssrn.com/abstract=894328

Margaret Isabel Hall (Contact Author)

Thompson Rivers University - Faculty of Law ( email )

900 McGill Road
Kamloops, British Columbia
Canada
604 518 3136 (Phone)

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