In a recent ruling which reverses previous practice, children who are placed in foster care and then abused by those carers can now bring a claim for damages against the Local Authority who ‘employ’ these foster carers. Clearly such a claim could never put right the pain and suffering caused to a child in care but Local Authorities will now be held to account for the wilful wrongdoing of their employees where this causes harm to a child in their care.
For children who are suffering or have suffered abuse by foster carers this means for the first time that there is a way to receive financial compensation from the placing Local Authority for the harm they have endured.
The effect of this ruling will hopefully be to ensure proper care is taken when selecting and supporting foster placements which can only benefit children in care. Where abuse occurs, there will now be a mechanism for seeking redress under the current law.
If you would like any help or advice about these types of matters then please contact Catherine Stephens on 02477 710240 or email catherine.stephens@alsterskelley.com
Please call 02477 710 233 to speak to our Children & Families Public law team or to make an appointment at any one of our six offices.
