Nearly all organisations that engage with children in a social care, residential, faith, charitable, sporting, leisure or educational context have seen an unprecedented rise in the number of claims for abuse. Dealing effectively and efficiently with those claims - be they individual instructions or large group actions - and managing their reputational impact, is a key strategic imperative for these organisations.
Our social care team assists insurers, local authorities, faith groups, charities, sports groups, youth groups, schools, independent providers, blue light clients and health providers to manage their historical abuse and failure to remove claims. These encompass Human Rights, Deprivation of Liberty, and child sexual exploitation claims. We give pragmatic, inclusive, sensitive and practical advice, grounded in our expert knowledge of the sector, which is why we’re chosen and trusted by principal insurers and their insureds that face such claims.
Our practice spans the whole range of social care issues from subject access requests to serious case reviews, from safeguarding policies to public and private inquiries. We frequently advise as to how to manage concerns and complaints. Our national, specialist team works with our specialist health and education advisory teams to provide truly joined up expertise.
Acting on behalf of a faith group in relation to an historical claim by a former cleaner who was sexually assaulted in a residential care facility where she worked. She had received two previous ex gratia payments and used these as evidence of liability. We ensured that medical evidence was properly obtained to enable the claim to be definitively valued and concluded the claim by a final payment which took into account all previous payments to the claimant.
Alleged abuse by foster mother and her offspring leading to brain injury (cognitive deficit). The claimants had both learning disabilities and ADHD. The principal allegations were of inappropriate care and inappropriate subsequent psychiatric treatment. The claim involved the developing area of sexual abuse leading directly to brain injury. In total, two care experts and six medical experts were instructed.
Acting for a major children’s charity in a high-profile piece of group litigation concerning the actions of a celebrity presenter.
Advising with regard to an alleged unlawful deprivation of liberty for approximately 9 months on the basis that a placement in a care home breached Articles 5 and 8 of the European Convention of Human Rights. Our social care and health advisory expertise enabled us to proficiently assess the deprivation of liberty aspect and the claim was settled for £15,000 and £9,000 claimant’s costs – a substantial discount on the sums claimed.
On 31 August 2022, the Court of Appeal handed down the Judgment in respect of the appeal case of HXA v Surrey County Council and YXA v Wolverhampton City Council [2022].
This webinar looks at the three key themes in the decision, and is aimed at sports & social clubs (including safeguarding officers).
This session discussed the future of interaction between NHS Trusts and local government amidst a drive for better integrated care.
Last week the Court of Appeal handed down a decision that has significant implications for all those organisations that may face historical abuse claims.
This edition looks at CN & GN v Poole Borough Council, Kuoni, faith abuse cases, limitation in child abuse negligence claims, applications to strike out, and Human Rights Act experts.
Public authorities have become familiar with the challenges of claims for non-recent abuse, often arising out of care and school environments.
Limitation law prevents a claim from being pursued after a certain period has elapsed from the date of events to which it relates.
Now that the Supreme Court has delivered its judgment in the case of CN & GN, many claimants’ solicitors are beginning to reawaken their files (where they have the funding and the will to do so); seeking disclosure from local authorities so that they can investigate and potentially issue claims.
We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.
The concept of Assumption of Responsibility is on many stakeholders’ minds at the moment following the Supreme Court decision in CN & GN v Poole.
Sussex Partnership NHS Trust was sentenced on 14 June 2019 for failing to provide safe care and treatment to a 19 year old inmate being cared for on the hospital wing of Lewes Prison, Jamie Osborne.
This morning (6 June) the Supreme Court has handed down its decision in Poole Borough Council v GN and another. The court dismissed the appeal and upheld the decision in the lower court that the claim should be struck out. The claim addresses broad issues with the potential to impact on negligence claims against many public bodies including health and education.
The IICSA has a number of investigative streams, and one of its areas of focus is Accountability and Reparations.
When dealing with children with care and immigration issues, both the Family Court and the Immigration Tribunal must act in the child’s best interests.
Welcome to our quarterly social care newsletter.
Whilst we are all awaiting the Supreme Court’s judgment on duties of care in CN and GN v Poole Borough Council, it is worth revisiting what else claimants have to prove to successfully pursue a claim in negligence.
The Government has recently announced the abolition of the 'same roof rule' which prevented victims of crime (particularly historical abuse) from claiming a CICA payment if they were assaulted by someone they lived with, as members of the same family, before 1979. The reform will be costly.
The damages claims social services authorities are facing arising out of alleged abuse by employees is not reducing.
The search for improved ways of dealing with abuse claims has put a spotlight on redress schemes; with Manchester City football club recently announcing a scheme and Lambeth Council providing a ‘half time’ assessment of their scheme.
There is no doubt that clubs, community groups and organisations run principally by parents and volunteers for children and young people, particularly those that focus on skills, activities and team work offer immeasurable benefits for the people who take part.
Internationally, a number of investigations and inquiries have unearthed historical sexual abuse by priests. Previously, the focus had been on allegations of abuse against children.
Consent in abuse claims has long been a controversial and difficult subject to broach. Many organisations have been criticised for raising the issue.
