Abused Whilst In The Care Of A Local Authority

For free legal advice call our Abuse Claims Solicitors and we will help you. Ask about Legal Aid or if we can deal with your claim on a No Win, No Fee basis.

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If you have experienced neglect or abuse (physical or sexual) whilst in the care of a local authority, you may have a claim against the local authority. With over 30 years of experience supporting survivors of child abuse in local authority settings, we are here to help you.

In certain circumstances, you may be able to claim against the local authority for abuse by individuals not employed by social services, such as a parent, family member, or visitor to your home.

 If you experienced neglect or abuse by a foster carer, you could also pursue a claim against the local authority that selected, placed, and monitored that foster placement. Additionally, if you were neglected or abused in a school or children’s home, a claim may be brought against the organisation responsible for that institution, which is often the local authority.

Our Abuse Claims Solicitors are specialists in securing compensation for people who were let down whilst in the care of their local authority. Our friendly and dedicated team are here to listen as soon as you're ready to talk, and we'll tell you if you can make a claim for compensation.

You could qualify for Legal Aid, depending on your financial situation. If not, we may be able to take your case on a No Win No Fee basis, meaning you'll only pay our fees if your case is successful.

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What Is Local Authority Abuse?

If you suffered neglect or abuse (physical or sexual) due to negligence whilst in a local authority setting, you may have a compensation claim against the council responsible for the providing the service or care. Abuse can take the form of:

Physical Abuse

This includes the hitting, slapping, shoving, burning, and kicking of a child. Physical abuse can also occur through the use of objects such as canes, lighters, or other items used to punish or deliberately wound.

Sexual Abuse

Sexual abuse is where a person engages in sexual contact with a person without their consent. These cases can be complex and distressing. Our  Abuse Solicitors have the expertise and experience to manage your claim with sensitivity and compassion.

Emotional Abuse

This can involve name-calling, humiliation, and allowing a child to witness the abuse of another person. Emotional abuse can be just as damaging as physical abuse.

Neglect

Child neglect is when a child's caregiver fails to provide basic needs such as food, housing, clothing, healthcare, education, and safety. According to the NSPCC, neglect is the most common form of child abuse.

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Where can local authority abuse happen?

If you were under the care of the local authority and suffered neglect or abuse, you could make a claim against them if they were legally responsible to protect you from harm.

Circumstances in which the local authority could be held responsible for the neglect or abuse are:

  • Where a local authority has assumed responsibility to protect you from danger.
  • Where the local authority has done something which prevented another from protecting you from danger.
  • Where the person that caused you the harm was under the local authority’s control.
  • Where the local authority’s employees created a source of danger.

Other circumstances where claims could be made against the local authority including neglect or abuse that took place in foster homes, children’s homes, schools, and other institutions.

The rules around whether the local authority can be held responsible can be quite complex. That’s why it’s important to speak to a specialist Abuse Solicitor who can advise you whether you have a claim.

Can You Take Legal Action Against Social Services?

Yes, if you were under the care of social services when the abuse took place, you may be able to make a compensation claim.

How Long Do You Have To Make A Claim?

If the abuse occurred in childhood, you have until your 21st birthday to issue court proceedings in order to bring a compensation claim for the abuse you suffered within time. As the Courts are aware that it often takes survivors of abuse a long time to talk about what happened to them. In some circumstances, the Court can make an exception to the limitation period and allow your claim to proceed out of time even if it happened many years ago, provided there can still be a fair trial and there were good reasons for the delay.

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What Is The Claims Process?

Talking to a stranger about the abuse you suffered is never easy. It is a courageous move to come forward. We recognise this and have made the compensation process clear and straightforward. In most cases, a claim for abuse whilst in the care of a local authority proceeds as follows:

  • Initial consultation and assessment – We'll listen to your story and discuss the eligibility of your claim. This meeting is confidential, and you are under no obligation to proceed. You can also use this time to ask us any initial questions you have about claiming compensation.
  • Prepare your claim –We'll collect any evidence available to support your claim, including witness statements, medical evidence, and police reports. We may also consult with expert witnesses who can assist the court with making decisions. You can trust that we’ll keep you fully informed throughout the preparation process and be available to answer any questions you have.
  • Outcome – If your case is successful you’ll receive compensation. Some clients have told us that although compensation cannot take away what happened to them, it can help them get a sense of closure.
  • Follow-up support –Our team is available to put you in touch with a wide range of support organisations if you want or need further help with the healing process.

Do We Offer No Win No Fee Claim Support?

Yes. This means you won’t pay any money upfront for your legal fees but you will have to pay for additional costs, known as Disbursements, like Court fees or expert reports fees. This can be covered by an insurance product called After the Event Insurance which would cover these costs for you. Your case handler will provide more detail about this.

You’ll sign a Conditional Fee Agreement or a Damages Based Agreement that says if you lose your case, you won’t pay our legal costs. If you win your case, the other side will pay for a proportion of our legal costs, but we will also deduct a success from your damages which will be capped at a percentage agreed in advance.

What Support & Resources Are Available For Victims Of Abuse?

There are several support organisations dedicated to helping child abuse survivors, including:

  1. Napac
  2. Childline
  3. The Survivors Trust
  4. Samaritans

We have recommended the above services before and know they can provide compassionate and expert support.

What Evidence Is Needed To Make A Claim? 

Evidence in child abuse claims is sometimes difficult to obtain as it is often the child's word against their abusers, especially when it happened many years ago. We will need to obtain social care and medical records including police reports if there are any to help with the claim

To successfully bring a negligence claim against a local authority in order to get compensation, you must prove:

  • the local authority owed you a duty of care
  • it breached its duty towards you, and
  • the breach resulted in you suffering abuse.

Our Child Abuse Solicitors are sensitive and compassionate, but we are also firm and decisive. We’re experts in abuse law and will fight tenaciously to get you the compensation you deserve.

Why Use Our Abuse Solicitors For Abuse Claims Against Local Authorities?

Our Child Abuse Solicitors have a national reputation for being compassionate, caring, and driven to get survivors the compensation they need to move forward with their lives. Members of our child abuse team have worked on national inquiries and act as Trustees of abuse support services.

By choosing us, you can trust that we'll:

  • Listen carefully and compassionately
  • Protect your privacy.
  • Provide you with details of support groups who can help you heal.
  • Speak in plain English with no legal jargon.
  • Explain every step of your case and what any decisions mean for you in the long term.
  • Take away the stress and worry of bringing an abuse claim.
  • Always return your phone calls and emails.

FAQs

Can I Claim If I No Longer Live In The UK?

Yes, and we'll do everything we can to make the process easy for you by organising video conference calls and ensuring you are kept informed about how your compensation claim is progressing.

Can I Make A Claim On Behalf Of Someone Else?

If you are the parent of a child who has been abused, you can claim on their behalf if they are under 18 years. You can also claim on behalf of someone who lacks the mental capacity to bring a claim themselves. This is known as acting as a Litigation Friend. You can be confident that we'll provide you with all the help and advice you need if you choose to bring a claim on behalf of a loved one.

Will I Have To Go To Court?

We know how stressful appearing in court can be, especially after everything you've been through. But if you do have to attend court, we'll be by your side, providing all the support you need. The Court can also make changes to help you give evidence such as organising for you to speak via video call.

How Long Does The Claims Process Take?

It depends on the complexity of your claim and whether the local authority admits liability for the abuse you suffered early on in the process. Most claims are settled within 24-24 months, but some can take up to three years to complete.

What Can Compensation Be Used For?

People often use compensation to pay for therapy to help them recover from the trauma of child abuse. Compensation can also pay your living expenses if you are not able to work for a time or simply want to take a break from your employment to concentrate on your recovery.

How does Simpson Millar Ensure My Privacy And Safety?

Fear of being publicly named stops many survivors from coming forward to claim compensation. We'll do everything we can to protect your privacy, including, if possible, applying for an Anonymity Order so your name and personal details won't be mentioned in court proceedings or media coverage of the case (if applicable).

What If The Abuser Has Passed Away?

Because you are claiming against the local authority, compensation can still be awarded if your abuser has died however this can make it more difficult. We'll work tirelessly to get the evidence required to prove your claim. This may involve tracing people who witnessed the abuse to provide witness statements and analysing any medical or police reports made at the time the abuse happened.

Can I Change Solicitors During The Claim Process?

Yes, if you're not happy with your current Child Sexual Abuse Solicitor, you can contact us to see if we can help. You may need to pay a portion of your former solicitor's legal costs if you choose to change legal advisors part-way through your claim.

Get in touch, today!

Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 0244

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