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International Journal of Law, Policy and the Family 2000 14(3):281-301; doi:10.1093/lawfam/14.3.281
© 2000 by Oxford University Press
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The liability of public authorities for the abuse of children in institutional care: common law developments in Canada and The United Kingdom

M Hall

British Columbia Law Institute, 1822 East Mall, University of British Columbia, Vancouver, B.C., Canada V6T 1ZI

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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