Journal Article

The liability of public authorities for the abuse of children in institutional care: common law developments in Canada and The United Kingdom

M Hall

in International Journal of Law, Policy and the Family

Volume 14, issue 3, pages 281-301
Published in print December 2000 | ISSN: 1360-9939
Published online December 2000 | e-ISSN: 1464-3707 | DOI: http://dx.doi.org/10.1093/lawfam/14.3.281
The liability of public authorities for the abuse of children in institutional care: common law developments in Canada and The United Kingdom

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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 case law applying common law principles of negligence, vicarious liability, and breach of fiduciary duty in this context suggests directions for the development of this 'new and uncertain' area of the law in the UK. Canadian authorities have also implemented variously structured extra-legal compensation schemes, or redress programmes, discussed in a recent Canadian Law Commission Report, as an alternative to compensation sought and received in the courts.

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Subjects: Family Law ; Marriage and the Family

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