Compensation Claims for Social Work Negligence
We are experienced in a limited category of social services negligence cases involving adults who wish to claim compensation for abuse which they suffered after they were taken into the care system as children. Such cases rely upon the formal assumption by the social services department of a duty to take care of the looked after person when he or she was a child. The formal assumption of a duty to take care will generally be regarded as the making of the interim care order or the removal of the child or young person into social services care. If, after that has occurred, a child or young person suffers further harm or abuse a claim may be brought for the additional injury suffered within the care system provided negligence can be proved.
However, recent caselaw has made it difficult to pursue those cases, which were often successfully pursued previously, brought by adults alleging that social services should have taken them into care and negligently failed to do so. These “failure to remove from abuse” cases are unlikely to succeed now upon the grounds that there is often no assumption of a duty to take care.
Child claimants still suffering abuse in the care system may be entitled to legal aid and we do not offer legal aid funding because it is no longer economically viable so we cannot act for children in such circumstances.
We do not practice in the area of adult social services or social services and the elderly.More about us