A couple who suffered extreme stress and mental trauma after their four children were sexually abused by a teenage boy they were fostering, have won the right to sue Essex County Council for damages.

The parents from south Essex were specialist adolescent foster carers but told Essex County Council and a social worker that they were not willing to accept any child who was a known or suspected sex abuser.

Yet the council placed with them a 15-year-old boy who had admitted indecently assaulting his own sister and was being investigated for rape. The fosterers were not told of his history.

The boy abused the couple's children - a boy and three girls, then aged between seven and 12 - after arriving at their home in 1993.

The couple, now separated as a result of the stress on their marriage, sued the council for compensation for themselves and the children.

The authority sought to block the claims in the High Court, where a judge allowed the case on behalf of the children to go ahead but struck out the parents' action. That decision was later upheld by the Appeal Court.

On Thursday the House of Lords ruled the parents' case, based on breach of the council's duty of care, was "plainly arguable'' and should go to a full hearing.

The mother had suffered depression, sleep disturbance, nightmares, tearfulness, hypertension and exacerbation of her diabetes. She was no longer able to work as a foster parent.

Her husband had suffered similar illnesses, together with post-traumatic stress. Their happy marriage was put under extreme stress and eventually broke down.

Their sexual relationship was affected and they suffered guilt characterised by feelings of helplessness and powerlessness.

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