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Foster care

Foster Care

When children are taken into care, either under a Court Order or on a voluntary basis, they may be placed in foster care with foster parents who are appointed by the Local Authority or a private foster organisation.

Foster parents may be unknown to the child or they could be family members or family friends who have been approved as foster carers.

Foster Homes are homes where vulnerable children should be provided with a stable family life if they are unable to live with their parents.

Unfortunately, we know from our vast experience that sometimes foster homes are not the loving environments that they should be.

Whilst the purpose of the foster placement is to promote the welfare of the child, occasionally and regrettably these placements can result in the child being exposed to a damaging environment which may involve sexual, physical or emotional abuse (or all three) or the child being exploited. The effects of poor foster care can be serious and long-term. Children placed in foster care have sometimes come from damaging environments requiring care yet are subjected to a further damaging environment.

We have acted for an extensive number of individuals who have brought claims against:

  • The Local Authority for placing them with the foster parents
  • The private foster organisation
  • The foster parents directly

We have also represented individuals bringing claims in the Supreme Court which is the most senior court in the United Kingdom.

In the case of (NA) Armes v Nottinghamshire County Council we represented the Claimant before the Supreme Court in respect of her claim for sexual and physical abuse she suffered whilst resident in a foster care placement.

If you wish to discuss your experiences in a Foster Home then you can email us or telephone us. All enquiries will be dealt with sympathetically and confidentially.

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Frequently asked questions

How will I pay for my claim?

We have a number of ways in which we can fund your claim:

No Win No Fee

Under a Conditional Fee Agreement, also known as ‘No Win, No Fee’ agreements we would agree that if you claim is unsuccessful you would not be charged for our time and we do not get paid. If your claim is successful then we are entitled to charge for our time and claim a success fee (calculated as a percentage) previously agreed with you.

Contingency Fee Agreements

Under a contingency fee agreement we agree with you that if your claim is successful our fees are calculated as a percentage of what you recover.

Contingency Fee Agreements are only available in matters which are classed as non-contentious such as Criminal Injuries Compensation Authority Applications.

Legal Expenses Insurance

You may have legal expenses insurance to cover the cost of your claim. This is known as ‘Before the Event Insurance’ or ‘BTE’ because you have taken insurance cover prior to the incident has occurred. Legal Expenses Insurance may assist if you want to bring a claim or if you wish to defend a claim brought against you.

Legal Expenses Insurance is usually included with many insurance policies such as Household Insurance (Buildings and Contents) and Car Insurance. You may have legal expenses insurance under your credit card arrangement or under another financial arrangement. You may have a stand along legal expenses insurance policy. It maybe that legal expenses insurance has been included as an optional extra or as standard.

You should check all documentation relating to insurance policies and similar, to ascertain whether or not you have legal expenses insurance. If you are unsure whether or not you have such cover, we will review the documentation for you.

If you do have legal expenses insurance, subject to the terms of the insurance, then this may cover you for your disbursements (Court Fees, Experts Fees etc); cover you against paying your opponents’ costs if you are unsuccessful and possibly even your own solicitors costs. In this respect, you may have no financial risk in bringing a claim.

Private Paying

If the funding of your case is on a private paying basis then our fees are charged on an hourly basis for the work carried out on your behalf. The amount of the hourly charge will depend upon the level and experience of the fee-earner carrying out the work on your case and the nature of the case. Our hourly charge will be communicated to you at the beginning of your case along with an estimate of the total costs.

The fees charges on an hourly basis are known as Profit Costs and are subject to VAT. The Profit Costs are separate to any disbursements that need to be incurred on your behalf such as Court Fees, Medical Records Fees or Experts Fees.

Legal Aid

Uppal Taylor Solicitors do not have a Legal Aid Franchise but in certain circumstances we can apply for Legal Aid on your behalf.

We will explore all possible funding options with you at the outset and will make a recommendation on the best funding option for you.

I don’t know where my foster parents are now. Can I still take action?

Yes. Even though you do not know where your foster parents are now you may still be able to take action against the party who was responsible for placing you there.

Will the Police be involved?

In the majority of situations the Police will already have carried out a criminal investigation. However, in some situations when the abuse or abuser has not been reported to the Police we will advise that the victim reports this and this may result in a criminal investigation. The reporting of criminal offences is important to protect others from abuse.

No one believed me then – why will they now?

We believe you. We are here to ensure that your voice is heard and work with you to get the compensation, treatment and closure that you seek.

Will I have to face my abuser in Court?

We do not know if the Defendant will call your abuser if the case reaches Court. However, we do know that your abuser cannot cross-exam you directly and we can arrange for you to give evidence by video link or behind a screen if you have any concerns.

Our cases

KR & Others – v – Royal & Sun Alliance Plc (2006) High Court before Simon J Proceedings were brought by the successful Bryn Alyn Claimants against the Public Liability Insurer of Bryn Alyn under the Third Parties (Rights Against Insurers) Act 1930 s.1. The issue that fell to be determined was whether the relevant insurance policy existed pre August…

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Notable cases

Court hands down judgement in B&B – v – Leicestershire County Council and rules that Local Authorities owe a non-delegable duty of care to children who are placed in foster care. The Claimants were represented by Mr. Christopher Ratcliffe, solicitor, of Uppal Taylor Solicitors and Mr. Philip Turton, barrister, of Ropewalk Chambers, Nottingham. The Claimants brought proceedings against the Local…

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Other news

A facial surgeon, Roger Bainton has been struck off the medical register after he carried out dozens of unnecessary operations and “experimental procedures” while working at Royal Stoke University Hospital from 2005 to 2013. The surgeon rebuilt the faces of assault or accident victims. Questions are being asked as to why he was ever appointed at the University Hospital, after…

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