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  • Claims Against Social Services

Claims Against Social Services

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If you or a loved one has been a victim of abuse due to negligence by social services, our lawyers could help you make a compensation claim.

You may be able to claim against social services if the local authority failed to manage your family appropriately, leaving you in a situation where you suffered abuse or neglect that could have been avoided. We've acted for hundreds of children and adults who suffered due to the failings of social workers, in cases where abuse has been committed by:

  • Parents
  • Siblings
  • Foster carers
  • Visitors to a family home
  • Relatives
  • People in positions of authority

Abuse cases can be complex and emotionally taxing. Our dedicated team of abuse solicitors has extensive experience making claims against social services and a high success rate in securing justice and compensation settlements for victims of abuse (both children and adults), while handling all cases in a caring and sensitive manner.

You can be reassured that your feelings, wishes and wellbeing will be of utmost importance to us throughout your case. If you'd like to discuss claiming against social services because of abuse or neglect, or just want to find out more information about the process, please contact us online or call 0800 022 3503 to arrange a free initial consultation.



Legal aid available in some cases
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Accredited with the Association of Child Abuse Lawyers
Experienced child abuse solicitors

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Luke Daniels
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Claims Against Social Services - More Information

Yes, legal aid may be available for some types of abuse cases.

Legal aid is means-tested. We can help you with the application process for this and, if you do not qualify, we will explore other types of funding such as No Win No Fee* agreements.

If you’d like to discuss whether you can make an abuse claim using legal aid, then please call one of our specialist team on 0800 022 3503.

Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

At the start of your case, we'll discuss funding options with you, advising you which we think is most suitable. You may be eligible for legal aid, or be covered by legal expenses insurance (LEI) or a trade union policy. Legal expenses insurance is included in many household or car insurance policies, so it’s always worth checking whether you’re already covered.

If we think you're best supported by a No Win No Fee* agreement, we'll explain the process clearly. You'll only have to pay anything if your claim is successful – your opponent will pay most of our fees, with the remaining costs coming out of your compensation settlement.

Please visit our No Win No Fee page for more information on how it works.


You generally have to make a compensation claim within three years of the date of abuse taking place.

If you were a child at the time, then you have until the date of your 21st birthday to make a claim.

However, there's often a case for making a claim after these dates – we have helped clients to claim for abuse that happened decades ago. Whether or not you'll be able to make a non-recent abuse claim is judged on a case-by-case basis by the courts, so it's best to get in touch with us for some advice. Call today on 0800 022 3503 for a free consultation on your case, and we'll be happy to help.


To make a compensation claim, the first thing you need to do is get in touch with us for a free consultation. We'll discuss the circumstances of your abuse, advise you on whether or not we think you can claim, and work out whether you could benefit from legal aid or a No Win No Fee* arrangement.

If you decide to make a claim with us, we'll usually follow the same four stages:

  1. Investigation. We'll take a full history from you, taking time to understand what happened and when. We’ll note any injuries or psychological trauma you've experienced as a result and  we may refer you for a medical or psychological examination to investigate the full impact of your abuser's actions. We may also look into records kept by the police, courts, schools, Local Authorities, or medical institutions. We'll also need to work out who the claim will be made against. It could be an individual, or an organisation either responsible for that person's actions, or for your safety. If it's an individual, our investigators will have to look into their financial assets to find out if they'll be able to pay any settlement we agree.
  2. Rehabilitation. Abuse, whether physical, sexual or emotional, can have long-lasting impacts on both physical and mental health, and we'll help you to access any medical or psychological care and support you need, both now and in the future.
  3. Compensation. We'll work out how much compensation you should get based on the severity of your injuries or trauma, your pain and suffering, any medical expenses you've had to pay, and whether your abuser has impacted your ability to find work.
  4. Conclusion. If your opponent accepted blame, you'll be awarded compensation. If not, the case will be settled in court – although this is rare. If you do have to go to court, we'll be there support you every step of the way. If we agreed to handle your claim under a No Win No Fee* arrangement, then you won't have to pay anything if you were unsuccessful.

If you have any questions about the claims process, please contact us today on 0800 022 3503 for your free initial consultation.

It's possible that you might have to appear in court as part of your claim. But in our experience, the vast majority of claims are settled out of court, following a negotiation between us and your opponent.

If you do have to appear in court, we'll be there to represent and support you at every step of the way.

Our personal injury team deals with thousands of successful claims each year, and our award-winning lawyers are recognised as leaders in their fields.

Meet our team of abuse solicitors.

Peter

I just felt that they were very competent and that I could trust them, which is very important in a case like this. It’s hard to explain – I have nothing but praise about how we were treated.”

Peter, London

Sarah's Story


Sarah† was placed in care at an early age with her brother after suffering very serious abuse from her parents. In foster care, however, the abuse was continued by her brother. The local authority knew there was sexualised behaviour between the siblings but did not see fit to separate them until Sarah was 10.

30 different foster placements followed. She was again abused, this time by the adoptive son of one of her foster families. By the time she was finally considered for adoption, the effect on Sarah’s psychological health was irreversible. She developed a psychotic illness in early adulthood and became involved in drugs and prostitution, eventually ending up on a psychiatric ward.  

When the local authority denied responsibility for Sarah’s suffering we took her case to the High Court and successfully secured compensation for her. Our Court of Protection team also worked with her to help her manage this compensation and avoid exploitation.

Read more about Sarah’s case and how we were able to help her.

†Names have been changed to protect anonymity

Tracey Storey

"Sarah was a child in need of protection. Instead, she was moved from pillar to post and suffered horrible abuse. The mistakes of the local authority rendered her unadoptable and she now has lifelong difficulties. I really hope that Sarah can use her compensation to re-establish herself in the community and rebuild her life.” - Tracey Storey, Partner

Read More Client Stories

Frequently Asked Questions

When Would You Make A Claim Against Social Services?

You may be able to claim against social services if you were under the organisation's care when the abuse happened, or if neglect on the part of a social worker put you in a situation where you were abused. The abuser doesn't have to be someone employed by social services - it could have been a parent, siblings, a family member, a foster carer or a visitor to your family home that social services failed to protect you from.

Cases of abuse involving social services negligence can take place in a variety of settings:

  • The family home
  • At school
  • Foster homes
  • Children’s homes

If it can be shown that social services did not provide you with adequate care, or failed to take reasonable steps that could have prevented the abuse from taking place, you may be able to make a claim.

Any claim will normally be made against the local authority responsible for the department or service that should have prevented the abuse. If you have any questions about making a claim, please contact us online or call 0800 022 3503 for more information.

How Should Social Services Have Protected Me From Abuse?

There are a number of warning signs that social services should pick up on in order to reduce the risk of abuse or neglect. In many of the abuse claims we've investigated, we've been able to establish that social workers failed to:

  • Respond to referrals from schools, medical professionals, midwives, health visitors, family members or anonymous sources
  • Identify the signs of abuse and neglect in children from their behaviour and appearance
  • Investigate appropriately the history of a family to determine whether they are involved with dangerous individuals
  • Deal appropriately with disclosures made by young children
  • Adequately supervise children under their care

We can help to determine whether the Local Authority failed in its duty to provide care to children who were at risk of abuse. Contact us online or call 0800 022 3503 for a free initial consultation about your case.

Why Choose Irwin Mitchell For A Claim Against Social Services?

Whether you're a survivor of abuse yourself, or the parent or guardian of a child who has been abused, our specialist team of child abuse solicitors can help. We have years of experience in helping people to claim compensation settlements that can fund the therapy and counselling you need to help you move on with your life.

We work in total confidentiality with our clients, and our lawyers are highly trained in working with abuse survivors. We understand how difficult and painful it can be to bring up the details of past abuse, and at every step of the way we aim to make sure you're comfortable discussing your case with us.

Some of the social services abuse cases we've worked on include:

  • A £20,000 settlement for a woman who was sexually abused by clients of her mother, a prostitute, after she had been returned to her mother's care despite social services being aware of the risks – find out more about this case.
  • A compensation package for a Camden woman who suffered years of sexual, physical and emotional abuse from her own mother. Social services failed to protect her or monitor her wellbeing, even after numerous concerns were raised by neighbours – find out more about this case.

If you want to find out more about making a child abuse claim, or just to talk with an expert in a free initial consultation on your case, get in touch with us online or call on 0800 022 3503. There's no obligation to continue with us after this first conversation – we're happy to just discuss your case and offer some advice on the best way to proceed.


Read More FAQs

Related Information - Claims Against Social Services

Protecting Your Rights - How our Public Law & Human Rights solicitors can help you
Child Abuse Claims FAQ - our lawyers answer the common questions people have before making a claim
Claims Against Police - What to do if you've been treated unfairly by the police
Criminal Injury Compensation Authority - Find out about how CICA can help you

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

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