CASE NOTE

Case Note: Lister and others v Hesley Hall Ltd

Case Note: Lister and others v Hesley Hall Ltd

Introduction

Sexual abuse of children is an objectionable fact in the modern society, however, when the abuser is identified as an educator or caretaker of the victimized child, the atrocity alleviates to a great extent (Hall, 2000, pp.281-301). Criminal law undertakes the responsibility for bringing justice to the people responsible for such abusive acts. Providing a satisfactory response to the issue of whether or not sufficient financial compensation may be awarded to the victim is a difficult issue in this matter. However, a significant issue arises here: Would the employer of the teacher be held liable for the sexual abuse act, as per the legal concept of vicarious liability?

A decision was handed down by the House of Lords in May 2001 regarding the responsibility and liability of employers of caretakers and educators responsible for sexually abusing children under their care: Lister & Others v Hesley Hall Limited [2001] 2 All ER 769. This case has set up the vicarious liability principle and provides legal recourse for cases concerning intended sexual abuse of a child by an employee who was under an existing duty of care to the child and/or the concerned guardians/parents.

Formal Particulars

Name of Case: Lister & Others v Hesley Hall Ltd

Citation: [2001] UKHL 22

Name & Status of Parties: Lister (Plaintiff; Compensated) and Hesley Hall (Defendant; Held Liable in Tort)

Judges: Lord Steyn, Lord Hobhouse, Lord Millet

Date of Judgment: 3 May 2001

Case Facts

The year 1979 witnessed the opening of a boarding house (under the name of “Axeholme House”) in Wilsic Hall School located in Doncaster. The plaintiffs lived at that boarding house from 1979 to 1982, and were between the ages of 12 and 15 during that time. Hesley Hall Ltd was managing the boarding annex and the school both as commercial enterprise. An average of 18 boys was being catered to the Axeholme House. Mr. and Mrs. Grain were employed by Hesley Hall Ltd as caretaker of the boys. The main duties of the warden included maintenance of discipline and routine work of the house. The disabled wife of the warden was also living with him at the house. It was common for the warden and his wife to be the only two staff members on premises. He was also responsible for supervising the boys, taking care of their bed times, pocket money; travel to and from school, managing other staff, organizing evening and weekend activities and leaves. Later some boys complained against the warden that he had sexually abused them in the boarding house, followed by providing unnecessary gifts, such as permission to watch x-rated video content, excessively unjustifiable leniency, and unaccompanied trips with the boys. Criminal charges were brought against the warden in the Crown Court as a result of a police investigation that took place some ten years later. The appellants brought claims to court in 1997, on grounds of personal injury, against the employers as the defendants in accordance with vicarious ...