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Social services

Social Services Failure to Protect

Failure to Protect Claim

Social Services have a duty of care to protect vulnerable children in their local area from abuse and maltreatment if that child is known to them.

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 failed to take appropriate action to protect the child from harm by intervening or removing the child from the harmful environment.

The abuse can include:

  • Sexual and physical abuse in the family home either by parents, other family members or individuals not connected to the family
  • Sexual and physical abuse whilst in foster care

Sadly, there have been a number of high-profile cases where the local authority has failed to act in the best interests of a vulnerable child known to them with tragic consequences.

  • Daniel Pelka
  • Victoria Climbie
  • Baby P
  • Tyler Whelan

We have acted for a number of individuals who have been known to social services but been allowed to remain in an abusive home or foster care environment.

If you wish to discuss your experiences then you can Email Us or Telephone us. All enquiries will be dealt with sympathetically and confidentially.

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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