press release
Lawyers witness steep rise in public sector personal injury claims
18th August 2009
Public sector lawyers at Browne Jacobson have seen a significant
rise in the number of personal injury claims by individuals
claiming that local authorities failed to protect them from
physical and sexual abuse, often by members of their own
family.
It is believed that the cases of Victoria Climbie and, more
recently, Baby P have prompted more claimants to come forward and
lodge a claim against their local authority at the time.
Sarah Erwin-Jones, a Partner in the Social Care Team at Browne
Jacobson, says her firm is currently advising on more than 35
‘failure to remove’ claims:
“A few years ago these cases were few and far between but in the
last 18 months we have seen a significant increase in the number of
claimants coming forward.
“The allegations often relate to events that took place tens of
years ago but that has not stopped claimants coming forward. A case
heard last month shows that even when relevant documents have been
destroyed, and pivotal witnesses cannot be traced, the courts may
allow claims to proceed out of time.
“It’s a worrying trend for social workers, local authorities and
insurers. Whilst it is difficult to predict future trends all the
indications are that the number of claims will rise further as it
becomes more acceptable and easier for victims to come
forward.”
A recent report by the Social Work Task Force concluded that
staff shortages in the social care sector are seriously
compromising the quality of front line services.
Erwin-Jones adds: “Our own experience is that many Social
Service departments are working with inadequate resources with
personnel gaps left unfilled or covered by agency workers.
“As more claimants come forward it is important for local
authorities to improve their record keeping and set performance
standards from the outset if they want any chance of successfully
defending the claims made against them.
“They also need robust witnesses who are trained and therefore
have the confidence to explain the complexity and professionalism
of their decision making in the event of a court case. The new
generation of social workers need to be prepared for the inevitable
risk that they may be called upon to give evidence in future civil
claims. The establishment of a national social work college should
help to address this need. It should give those committed and hard
working professionals who enter the profession the skills and tools
they need to both deliver a quality social care service and capture
the information needed both to support that service, and to defend
any criticism of it that might take place in the future.”
“Finally, staff need to understand that they personally owe a
duty of care to their employers and to service users, and that this
duty will travel with them throughout their careers.”
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