Jonathan Bridge of Farleys Abuse Claims Department was instructed on behalf of Client JB by her grandmother.
When Farleys were initially approached Client JB was still a child.
Client JB had suffered neglect and sexual abuse from a young age. At the age of 11 she suffered a serious sexual assault.
Her grandmother was highly critical of the Social Services involvement and their failure to ever provide any adequate care plan for JB. As a result JB had been left in an abusive home environment with a mother who was unable to properly parent her or protect her.
It was alleged that Client JB had been present while her mother had engaged in sexual relations with other men and had been exposed to pornography on the internet. She had been physically abused and suffered neglect.
Farleys accepted instruction and entered into preliminary correspondence with the Local Authority solicitors. Client JB’s Social Services records were obtained and fully considered and more detailed allegations of negligence and breach of duty were raised alongside allegations that Client JB had suffered an infringement of her Rights under the Human Rights Act.
Liability was disputed and the Defendants relied on the recent decision in CN & GN v Poole Borough Council in contending that no duty of care was owed to the infant Claimant.
Effectively Local Authorities are now suggesting that even where they have failed badly they should not be held responsible to compensate a victim because no duty of care was owed.
Medical evidence was obtained from a Consultant Psychiatrist which confirmed that as a result of her childhood experience Client JB had suffered an Adjustment Disorder which had fully resolved by the time the claim was settled.
After protracted correspondence with the Defendants settlement was eventually reached without the necessity of legal proceedings with a compensatory payment made to the Claimant of £15,000.