Browsing by Author "Overall, Linda"

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Open Access
Abuse in Foster Care and Potential Liability for Local Authorities: Can liability be imposed through vicarious liability or a non-delegable duty?
(Te Herenga Waka—Victoria University of Wellington, 2016) Overall, Linda
In NA v Nottinghamshire County Council [2015] EWCA Civ 1139 the claimant attempted to sue the Nottinghamshire local authority through vicarious liability or alternatively non-delegable duties for the abuse she suffered at the hands of foster parents in two separate homes that she was placed in. This paper analyses the NA decision which rejected local authority liability under either claim. The article attempts to delineate an understanding of both doctrines, which remain contested within the judicial and academic communities. Through this understanding, and analysis of case law attempting to set down methodology and form within both doctrines, the article will show that recent decisions in both areas have followed instrumentalist reasoning rather than being based on principle. In an age where claims of abuse within foster care are likely to become more prevalent these questions need to be analysed and considered carefully in order to preserve the integrity of both private law doctrines, as well as to provide reasonable and justifiable precedent for future claims and claimants. The author argues that the better theory is that liability should have been imposed on the local authority under the non-delegable duty claim which works both in principle and in policy.
Open Access
The Impact of Incorrect Problem Identification on New Zealand Sign Language Reform
(Te Herenga Waka—Victoria University of Wellington, 2017) Overall, Linda
New Zealand Sign Language (NZSL) is the first language of the New Zealand Deaf community. The first attempts to protect the language were through the New Zealand Sign Language Act 2006 which officialised the language. The secondary purposes to promote and maintain the language have not been realised. The fundamental barrier to achieving effective reform around NZSL, is incorrect problem identification. The misunderstood identification issue stems from a perception of Deaf as disabled limiting the potential effectiveness of reform towards NZSL. This approach neglects to view the debate around New Zealand Sign Language as a prominent and fundamental issue linguistically and culturally. In doing so, language mechanisms are not utilised in situations where they otherwise might. This paper seeks to uncover the impact that the incorrect problem identification has had on New Zealand Sign Language both on the Deaf Community itself, as well as in relation to stages of the law reform process aimed at quality decision making. Reform through legislation or policy needs to be implemented to ensure the languages survival. This will not occur unless the issue is placed within a cultural linguistic framework recognising Deaf as a Culture and not as disabled. It is submitted that a national languages policy should be developed to guide and legitimise the sign language issue.