What did the House of Lords decide?
The decision impacted upon the law of limitation and negligence. Before this decision, adult claimants who alleged that as children they were abused by a member of staff while in care needed to prove not only that the abuse took place, but also that the local authority had been negligent in allowing it to happen. Those allegations of negligence regularly included, amongst other things, a failure to supervise that member of staff, a failure to adequately assess their suitability before employing them and/or inadequate reporting procedures. Under the old law, if the local authority could show that it was not negligent, the claim would fail. That has now changed. All a claimant need do is prove the assault/abuse took place and the local authority will be liable. Why does the decision apply to schools as well as those in children’s services? The principle behind the decision is a wide one: Where those who are professionally responsible for the safety and wellbeing of children abuse a child
