Our team of abuse lawyers is often contacted by people asking, ‘Can I claim compensation if I was abused in foster care?’
A change in the law has made foster care claims easier
In the past, foster care abuse claims faced difficult legal hurdles. Lawyers had to prove that the local authority had been ‘negligent’ when placing a child in an abusive family, with evidence proving that they knew (or ought to have known) that the victim was being abused. However, the Supreme Court changed the law when dealing with the case of Armes -v- Nottinghamshire Council (2017), ruling that the local authority was ‘vicariously liable‘ for the abuse that the victim suffered at the hands of their foster parents. This decision has removed the requirement to prove that the local authority itself was at fault and means that councils can be found liable even when they did not know of the abuse taking place.
Foster care abuse claims continue to make the headlines
The abuse of children while in foster care continues to make the headlines. For example, Hemel Today News has reported that a man who was abused in foster care in the 1990s has been successful in a claim against the Hertfordshire County Council. He had been taken into the council’s care at the age of 12 and lived with a family for three years, during which time he was subjected to abuse by his foster father. In 2023, the perpetrator was sentenced to five and a half years in prison for the abuse.
The time limit for making an abuse claim
Although claims should be made within three years of the abuse – with that time period running from the victim’s eighteenth birthday if it occurred while they were a child – the courts will often allow late claims where allegations of abuse are being made. Our specialist lawyers have been successful in many abuse cases where the three-year limitation date had passed decades earlier. In one such case, our client, who was abused as a child by her foster father and technically ‘out of time’ to bring a claim, successfully recovered compensation of more than £50,000.
How we can help you claim the compensation you deserve
Our team of abuse compensation lawyers has recovered compensation for many clients who suffered abuse while in foster care. You can read about some of our successes in this article on foster care claims.
Whilst compensation does not undo the damage caused by the abuse, for many victims making a claim can act as recognition for the failings and wrongdoing of others, and provide much needed closure. One of our clients who was subjected to abuse in the 1990s was able to use his settlement to access the support he required and to place a deposit down on a flat of his own.
So, if you have suffered abuse at the hands of your foster family, then contact our specialist team for a free consultation about bringing a compensation claim against the local authority on a no win, no fee basis