Jonathan Bridge of Farleys’ specialist Abuse Claims department was instructed by Client AB who had suffered serious sexual abuse during childhood.
At the age of 14 years old, client AB started to run away from home after she was sexually assaulted near her neighbourhood. Consequently, the Local Authority decided to move client AB to another area and place her into a residential care home rather than with her extended family.
During Client AB’s time at the care home, she was groomed by a care worker. She reported her concerns to her Social Worker who dismissed them and stated that if she ‘messed up’ during the placement then she would be placed in a secure unit. When she stated she was unsafe she wasn’t taken seriously and was dismissed.
The care worker went on to sexually assault and rape Client AB. Criminal proceedings were pursued against the care worker, which eventually resulted in a trial at the Crown Court taking place.
How Farleys Helped
Farleys were able to successfully contend that the owners of the care home were vicariously liable for the actions of the care worker. He established contact with client AB during the course of his employment and he had a pastoral duty towards her, which was breached. There were also noticeable staffing issues at the care home. The ratio should have been two staff to Client AB but this was not maintained, which arguably made the home a more opportune environment for the care worker to abuse Client AB.
As a result of the sexual abuse, Client AB suffered significant psychiatric damage and her education was adversely impacted at the pivotal point of her approaching her GCSEs. The abuse lead to Client AB self-harming and even attempting to take her own life by overdose.
It was challenging to establish causation in this matter due to the varying experiences that client AB had endured, which had contributed to her psychiatric issues. Farleys instructed a medical expert who diagnosed Client AB with Post Traumatic Stress Disorder, requiring EMDR treatment. The psychiatric report detailed the extent to which the sexual abuse suffered by Client AB contributed to her PTSD and differentiated this from the other life events which had also contributed to her PTSD.
Farleys entered negotiations with the Defendants and were able to settle the claim at an increased sum of £42,000 for pain, suffering and loss of amenity, loss of earnings, and treatment costs.
To discuss a potential claim in confidence with our experienced team of abuse solicitors, please call our dedicated abuse line on 0330 134 6430 or email firstname.lastname@example.org.