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The question of who conducts the defence depends upon the LA's insurance arrangements. It may self-insure, or have negotiated a substantial excess. In some cases there may be additional complexities caused by run-off arrangements, particularly in relation to councils that used Insurers that failed and went into schemes.
There is also an issue about whether the claims are covered by the insured risks. personal Misconduct by carers who are not employees would not be covered by employee liability policies, and on several occasions that I know of insurers have expressed the view that the sort of vicarious liability dealt with in this decision was not within the public liability policy risks.
Authorities might need to make special provision now.

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