Social Work Negligence Services

Professional Negligence Claims against Social Services in failing to safeguard children

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.

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Safeguarding the Welfare of Children

Under the Children Act 1989 and earlier legislation a duty is imposed on local government authorities to safeguard the welfare of children.

We fund such claims generally under no win no fee arrangements

Local government authorities to safeguard the welfare of children in their area require local authorities’ social services departments to intervene and to either assist birth parents or parent with parenting/childcare skills and monitor parenting improvements or ultimately to remove a child into state care.

Investigations on claims can take place in the following situations if social services assumed a duty to take care of the child or young adult;

• If children in care are living in an environment without proper access to education and basic life necessities such as regular meals and clean clothing to wear or are exposed to harm from foster carers.
• If a child in care is removed but not properly looked after whilst in care.

Making a Claim Against a Social Worker

Here are some of the most common reasons for making a claim against a social worker –
• Negligence of social services
• Removal of children without legal permission
• Abuse by foster carers
• Abuse while in care
• Abuse claims against a social worker

Get in touch with Salmons Solicitors today if you have experienced any of these situations and want to make a negligence claim against social services.

What Can Be Claimed Against Social Services?

If you are making a claim against Social Services, you will be able to receive compensation pay-outs for the following:

• The physical pain and suffering experienced
• The emotional pain and suffering experienced
• Loss of income
• Medical expenses
• Counselling expenses
• Care claim
• Any other costs associated with your suffering

For more information about social work negligence claims, please contact Salmons Solicitors.

Please note we do not advise in social services claims concerning adult social services or social services and the elderly.