Abuse Whilst in Foster Care
Until recently claims for abuse in Foster Care have been difficult and only likely to be successful where a clear case of negligence could be made out which was often very difficult, especially in historic abuse cases.
In 2017 the Supreme Court changed the law. The case was brought by a woman who having been taken into care by Nottingham City Council at age 7 suffered physical, emotional and sexual abuse by foster parents. The Court held the local authority was vicariously liable for the abuse committed by the foster carers, in the way that employers are automatically liable for the action of their employees acting within the course of their employment.
Vicarious liability is a legal test that focuses on whether it is fair, just and reasonable to impose vicarious liability. The Supreme Court decided that it was, filling what many abuse lawyers have considered to be a gaping hole in the law in that previously a local authority was held legally responsible for abuse in care homes but not foster care.
There are likely to be many individuals out there who may have been told in the past that they cannot claim for abuse in foster care or that there was not enough evidence to pursue such a claim. It is important that those individuals consult a solicitor again as soon as possible. Jordans have a dedicated team who are happy to advise confidentially and sensitively.
What can we do
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.
Our Child Abuse solicitors are here to provide support and guidance at a very difficult time. If you or someone you know has suffered abuse in any of the situations outlined above please contact the Abuse Team on our dedicated freephone number 0800 9555 094and one of our specialist Child Abuse Lawyers will be happy to discuss your situation in confidence.
Whilst we cannot change what has happened in the past, we will endeavour to recover compensation to allow you to seek the required support to rebuild your life.