Farleys were instructed by client BC who was 25 years of age. She alleged that during the first five years of her life she had been badly let down by social services. The claim was primarily for neglect.
BC alleged that she used to be beaten severely by her father. She was left locked in her bedroom which had no furniture or wall coverings. She had to call for help from neighbours and instead of a toilet she had to use a bucket in the corner of the room. She was deprived of food and her sister was deliberately given preferential treatment. She had a beautiful room with carpets, teddy bears and nice furnishings and would be given the best food to eat whereas BC was given scraps.
The abuse also included an element of sexual abuse before BC was eventually removed from her parents care aged five years. Farleys brought a claim against the local social services department alleging that they had failed to protect BC and that they were negligent, in breach of duty and in breach of the Human Rights Act.
As is often the case the defendants attempted to argue that the claim was statute barred because it was out of time. Proceedings should have been issued before BC was 21. BC only instructed Farleys when she was 25. Farleys successfully argued that limitation should not apply in this case. The psychiatric problems caused by the abuse was so severe that it was argued that BC could not have brought the claim at an earlier stage.
Once the hurdle of limitation was overcome medical evidence was obtained to show the extent to which BC had been damaged by her experiences. All appropriate records including social services records were obtained and reviewed and negotiations were entered into before a settlement was achieved in the sum of £25,000 for the psychological injury BC sustained during the first five years of her life.
If you have suffered in a similar way please do not hesitate to contact our specialist department who deal with all aspects of abuse and claims against social services on 0845 050 1958, or email us today.
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