UNITED KINGDOM
National Secular Society
Posted: Wed, 21 Nov 2012
The Supreme Court has today ruled on a dispute between two Catholic organisations about who is responsible for paying compensation to over 170 victims of alleged physical and sexual abuse at a Yorkshire children’s home.
The case involves the Catholic diocese of Middlesbrough and the Catholic De La Salle Brothers order, in respect of alleged systematic abuse of children going back more than fifty years at the St William’s children’s care home and school at Market Weighton. It was ruled that the De La Salle Brothers were “vicariously” (financially) liable for wrongdoing of the members of the Order, even though they are not employees, despite the Order’s attempts to evade responsibility for this reason.
The case has huge implications, potentially beyond the UK, but particularly for the Catholic Church, where many of those responsible for child abuse – such as “brothers” are not, technically, employees. This decision is likely to finally resolve another recent similar case involving the Catholic diocese of Portsmouth, where the appeal court ruled on vicarious liability in the same direction as the Supreme Court has done today.
St William’s took emotionally and behaviourally disturbed boys, aged 10 to 16, referred by councils largely from Yorkshire and the North East. The former headmaster James Carragher has twice been convicted of a series of indecent assaults, buggery and taking photographs of young boys. In 2004 he was sentenced to 14 years in prison, having already served a seven-year sentence imposed in 1993. The institution was closed down in 1992.
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