Claims Against Social Services

It’s possible to make a claim against social services if you were under the organisation’s care when the abuse took place, or if you were put in a position where you could be abused due to neglect on the part of a social worker. The abuser doesn’t have to be someone employed by social services – it could have been a parent, family member, visitor or a foster carer in your family home that social services failed to protect you from.

Generally speaking, in the case of child abuse, claims ideally need to be made before their 21st birthday, or within 3 years of the date of the abuse. In some cases though, the timescales can be more flexible because the courts do recognise how difficult it can be for survivors of abuse to speak out about their experiences.

This can be due to:

• Fear of not being believed
• Feelings of shame or guilt
• Fear of the abuser, especially after intimidation or explicit threats of violence
• Difficulty in articulating the nature or scale of the abuse
• Trying to protect family or loved ones (or even the abuser themselves)
• Feelings of powerlessness
• Suppression of the memories of the abuse
• Struggles with the psychological impact of the abuse

If any of this sounds like something that you or a loved one has experienced – or may be currently experiencing – then we’re here to help. Once you’ve made the decision to pursue a claim against social services, we’d recommend getting in touch with us as soon as you’re ready. This is because evidence collection can become more difficult or complex as relevant records or items can be moved, relocated, or destroyed, the longer that time goes on.

Absolutely. Your right to confidentiality is enshrined in UK law, and it’s something we take very seriously here at Farleys. We treat everything you tell us in strict confidence, and we’re careful to ensure that all documents associated with your case are collected, processed and stored in a way that maintains your complete privacy.

Should we need to get in contact with any external organisations or individuals regarding your case such as psychologists, psychiatrists, police, or hospitals, we’ll always be sure to get your written consent before doing so.

We should take a moment here to highlight that survivors of social services abuse are never named in the media, even where the most high-profile cases are concerned. There are sometimes very rare exceptions, but these almost always involve the survivors voluntarily waiving their right to anonymity. This is never something you’ll be forced to do.

Broadly speaking, our process for social services claims follows the same general structure as our other claims processes here at Farleys. Obviously, the specifics of your case will vary depending on your individual circumstances, and the background of your case, but the template remains the same.

A free case assessment – we’ll always begin by sitting down with you to have a quick discussion of your circumstances, and to assess the likelihood of success for your claim. We understand that this can often be the hardest part of the entire process for many of our clients, so this is why we take care to ensure that you feel as safe and comfortable as you can.

Allocation – once we’ve finished our initial talks, we can then assign your case to a specialist. From this point onwards, your specialist solicitor will serve as your sole point of contact, making sure to keep the details of your case confidential, so that they’re only shared with a select few individuals on a need-to-know basis.

Collection of evidence – this is the most crucial deciding factor towards the outcome of your case, and accordingly can often be the most time-consuming and complex. If we ever think it may be beneficial to your case to enlist the help of an external professional such as a psychologist or psychiatrist, we’ll first make sure seek your explicit permission in writing.

Tally of compensation amount – once the available evidence has been collected, we’ll begin the process of assessing the amount of compensation that we feel your case deserves. With more than 20 years of experience in abuse claims, we know that money isn’t always the most important thing for many of our clients, who are often more concerned with getting that crucial sense of justice and peace of mind. Our specialist solicitors recognise that, but equally we know that the settlement is valuable for its ability to provide you with valuable support in certain areas of life. We may also look at the available evidence from medical experts, and how your life may have affected – including any impact it may have have as you move forward (such as employment opportunities).

Settling your claim – we’ll be ready to present your case to the courts against the person or party responsible for your abuse, once we’ve collected all the available evidence. You will never have to face your abuser directly, and it’s worth us highlighting here that most cases are resolved long before they go to court – but whether or not yours is one of the very rare exceptions, you can always rely on us to be here to support you throughout.