It is reasonable to hope that every child will grow up and develop in a safe and stable environment, but sadly this does not always happen. In such instances where children experience physical, sexual, emotional and psychological abuse from their parents or guardians, they can be taken under the care of social services.
Sadly, this does not always lead to a better situation. Social services abuse can occur when a child is placed in a foster home, with foster carers or when being looked after by social services individuals.
By carefully investigating the circumstances, our abuse team can advise whether a social services abuse claim may be advanced against an individual abuser, the relevant social services department or foster carers. This will be when there has been a failure to properly protect a child from being abused in social services.
Abuse by a family member
It is a sad fact that abuse may be carried out by a member of the immediate family, other relatives, friends or strangers. We need to carefully address the individual circumstances to look at the options that might be appropriate for pursuing a claim for compensation.
Abuse does not always have to be physical or sexual – emotional and psychological abuse can also occur. Such abuse cases will usually be brought against the individual rather than social services, unless there is evidence of a lack of duty of care from the authorities to spot and act upon instances of abuse.
Abuse in foster care
Children may be placed in foster care on either a short term or long term basis. This is to provide them with a safe environment where they can develop healthily, although sadly there are some examples of abuse cases in foster care.
The courts have recently confirmed that local authorities will be liable for abuse committed by foster carers, without the need to prove any fault on the part of the relevant local authority or social services department. This follows a similar path to how employers are directly responsible for the actions of their employees.
Find out more and make a claim regarding abuse in foster care here.
Failure to remove
Local authority social services departments have various mechanisms and powers to act to protect children who may be suffering from, or at risk of harm or abuse. However, sometimes things go wrong.
When a relevant local authority assumes responsibility for a vulnerable child but then fails in their duty of care, there may be a social services abuse claim to be brought against them. If a child goes on to suffer abuse due to those failings, compensation may be awarded. This is because the social services responsible have failed to remove the child from the abusive environment.
Claims under the Human Rights Act
When a child suffers abuse in care or as a result of a local authority failing to take action to remove them from an abusive environment, it may be possible to bring a claim under the Human Rights Act 1998. Our experienced abuse lawyers can advise you in respect of this relatively new and developing area of the law.
How to report historical abuse with Jordans
The effects of abuse on a child can have far reaching implications, having an extreme impact on their development as adults and their day to day functioning. Anyone abused in social services care can suffer from their experiences for many years and may not enjoy the quality of life they deserve.
Our child abuse lawyers are here to provide support and guidance at a very difficult time. If you or someone you know has been abused in social services or any of the situations outlined above, please contact our abuse lawyers. Call the freephone number 0800 9555 094 and one of our specialist child abuse lawyers will be happy to discuss your situation in confidence.
It doesn’t matter if the social services abuse claim is from many years ago or more recent, our expert team can offer abuse advice to suit your situation. While we cannot change what has happened in the past, we will endeavour to recover compensation for any social services abuse suffered to allow you to seek the required support to rebuild your life.
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