If you wish to speak with one of our specialist solicitors, in the strictest confidence, then please call 0870 055 2260 - alternately please complete our online enquiry form.
Failure to protect claims can arise from;
- Abuse whilst resident in the family home either by parents, other family members or individuals not connected to the family
- Abuse whilst resident in foster care
What can the Claimant claim for?
In these types of actions a Claimant can claim for;
- Compensation for Pain, Suffering and Loss of Amenity
- Compensation for loss of earnings or loss of opportunity on the open labour market consequential to the abuse
- The costs of any psychotherapy or other treatment required on a private basis
For further information on Compensation and Damages please visit our ‘Damages Explained’ Page.
Failure to Protect Claims Against Local Authorities
Failure to protect claims can arise when a Local Authority knew or ought to have known that a child was at risk of harm and/or injury and failed to take appropriate action to protect the child from harm and/or injury; for example, by removing the child from the harmful environment.
This type of claim would be brought under the law of negligence which requires, for a claim to be successful, the Claimant to prove;
- That the Local Authority owed to the Claimant a duty of care;
- That the Local Authority breached that duty of care to the Claimant;
- As a result of that breach of duty the Claimant has suffered injury.
These types of claims require a detailed analysis of what the Local Authority knew or ought to have known, the primary source of this information will be the Claimant’s Social Service Records to establish what the Local Authority knew, ought to have known and the action and decisions taken. The test is whether or not the action and decisions taken by the Local Authority were that of the reasonably competent Social Worker; if they fall below this standard then a claim may exist.
Failure to Protect Claims Against Other Individuals
Failure to protect claims may exist against individuals. For example, a Claimant’s mother may be liable for the abuse and maltreatment perpetrated by a Claimant’s father, other family members or individuals distinct from the family if she knew about the abuse and turned a blind eye to the abuse; thereby failing to protect the Claimant from harm and injury.
For further information, please click here for our section on actions against individuals.
If you wish to speak with one of our specialist solicitors, in the strictest confidence, then please call 0870 055 2260 - alternately please complete our online enquiry form.
