91Liability of organisations

91 Liability of organisations (1) This section imposes a duty of care that forms part of a cause of action in negligence. (2) A relevant organisation owes a duty to take the care that in all the circumstances of the case is reasonable to prevent the abuse of a child by an individual associated with the relevant organisation while the child is under the care, supervision or authority of the relevant organisation. See section 90 as to when an individual is associated with a relevant organisation. In particular, section 90(1)(c) and (d) extend the meaning of that concept in the case of delegation of the care, supervision or authority over a child to— (a) another organisation; or (b) a specified carer. (3) In a proceeding on a claim against a relevant organisation for damages in respect of the abuse of a child under its care, supervision or authority, on proof that abuse has occurred and that the abuse was committed by an individual associated with the relevant organisation, the relevant organisation is presumed to have breached the duty of care referred to in subsection (2) unless the relevant organisation proves on the balance of probabilities that it took reasonable precautions to prevent the abuse in question. Reasonable precautions will vary depending on factors including but not limited to— (a) the nature of the relevant organisation; and (b) the resources that are reasonably available to the relevant organisation; and (c) the relationship between the relevant organisation and the child; and (d) whether the relevant organisation has delegated the care, supervision or authority over the child to another organisation; and (e) the role in the organisation of the perpetrator of the abuse. (4) If a claim names 2 or more relevant organisations as defendants, subsection (3) applies to each relevant organisation separately. (5) In the case of a relevant organisation that is a public sector body within the meaning of the **Public Administration Act 2004** or another person or body acting on behalf of the State— (a) if the relevant organisation is capable in law of being sued, the relevant organisation is the appropriate defendant for the purposes of a claim brought in reliance on the duty in subsection (2); and (b) if the relevant organisation is not capable in law of being sued, the State is the appropriate defendant for the purposes of a claim brought in reliance on the duty in subsection (2); and (c) any liability incurred by the relevant organisation by reason of subsection (2) is incurred by the State. (6) Subsection (2) does not apply to abuse of a child committed by an individual associated with a relevant organisation in circumstances wholly unrelated to that individual's association with the relevant organisation. (7) If a relevant organisation has delegated, by means of contract or otherwise, the care, supervision or authority over a child to whom the claim relates to another organisation, subsection (2) does not apply to abuse of the child committed by an individual associated with the delegate organisation in circumstances wholly unrelated to that individual's association with the delegator organisation or the delegate organisation. S. 92