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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22580
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I want to sue social services and pain suffered whilst being

Customer Question

I want to sue social services for negligence and pain suffered whilst being on the at risk register and in care when I was younger.
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.

Good evening. My name is ***** ***** it’s my pleasure to assist you with this today.

I’m off-line shortly until later but then around tomorrow and will pick this up later or tomorrow if needed.

Meanwhile, I need some more information from you please.

What kind of loss or psychological problems that this cause you?

How old are you now?

Have you consulted solicitors about this?

As much background detail as possible is really useful please. Thank you

Customer: replied 1 year ago.
I found it very hard to form relationships, I got in to trouble with the police and ended up in prison. I was on drugs from a very young age, if I was protected as a child I wouldn't have suffered the emotional and physical abuse as a child. I was on and off the at risk register since I was 2 years old, I am now 31 years old. I have never gone to a solicitor about this but police want me to allow them to investigate into the sexual assault which happened when I was 7. This has all come about because my sister has gone to the police recently and has to make videos regarding 2 men getting pregnant while she was under 16 years, she was also under social services. My sister emma killed her son and hung herself and if she did not suffer the abuse we did as children none of this would have happened. I had no schooling from age 13 I find this disgusting as I deserved an education even though I was difficult I feEl let down by the system.
Expert:  Stuart J replied 1 year ago.

Good evening. My name is ***** ***** it is my pleasure to assist you with this.

I will be off-line shortly until tomorrow but will pick this up then.

What exactly is it that you want to know about this, what he is likely to get if found guilty?

Is he pleading guilty or not guilty?

Does he have any previous convictions?

How old is he?

Can I have the full background please, as much information as you have?

Customer: replied 1 year ago.
What are you talking about? You obviously did not read my my question or answer!
Expert:  Stuart J replied 1 year ago.

I apologise for that. For some reason that response is to another thread. The one to your thread failed to post for some reason.

I need some more information from you please.

Do you have any kind of psychiatric report which confirms that the problems you are now having, are as a result of the abuse that seems to have started when you were 7 years of age?

How long did it go on for and why is it only just come to the fore?

You said that your sister went to the police recently but say that your sister killed her son and then hung herself. Did you have two sisters on stage?

Is any of the abuse that you suffered documented anywhere?

Do you want to sue social services for the psychiatric damage you allege you suffered as a result of their failure to exercise a duty of care?

Customer: replied 1 year ago.
When I was 2 my mum hit me so hard I was put in hospital, she was put in a mental home and me and my older sister was put in foster care. We were only in foster care for a few weels then my dad got out of prison and social services gave us to him.
He met a new woman my step mum who beat us, didn't feed us made us bring up her kids while I was only 6 while they got drunk and beat each other.
My mum was in a violent relationship, drink involved.
Social services kept taking us on and off the register leaving us with alcoholic parents who beat there kids when they should have protected us. Then we got sexually abused at 7, I had to do a police interview on tape nothing was done then but now the police want to pursue it.
As far as I'm concerned my sister killed her son and herself because of the mental abuse she suffered as a child.
There was 6 sisters and 1 brother. There are lots of files that I have seen that document every involvement with social services and me being in care. Can I sue social services?
Customer: replied 1 year ago.
It has come to the forefront because of my sister going to the police and it's make me angry to see her upset when she should have been protected. My sister and nephew are dead because of the system.
Expert:  Stuart J replied 1 year ago.

Thank you. I think you have a claim here, I think you have a good claim but I think it’s going to be an extremely difficult one for a variety of reasons.

For there to be a claim, there must be a duty of care, the duty of care must be breached and as a result of the breach there must be loss or injury. The loss or injury resulting from the breach must be reasonably foreseeable

Firstly, limitation is six years from the date of knowledge for any claims in contract and three years for injury in common law negligence and therefore you would have to prove that you only just became aware of this which seems unlikely. However because of the very unusual circumstances here you may be able to get the court to waive limitation. However I think that suing social services for breach of duty of care is going to be a nonstarter. Limitation doesn’t start to run until you are aged 18 in any event. Therefore, you would have to have issued proceedings before you were 21

For criminal issues however there is no timescale and if you suffered these injuries as a result of what your parents did to you, you would be entitled to compensation from them. If they have passed away, your claim would endure against the estate.

Here is some information from citizens advice

https://www.citizensadvice.org.uk/relationships/children-and-young-people/child-abuse/financial-compensation-for-child-abuse/

what I would do however is speak to a firm that specialises in child abuse and this extremely large and well-known firm have not only got an excellent reputation but also specialists that deal with just this.

It’s unlikely that you would get a local firm of solicitors to deal with this so in the first instance you might want to one of the large firms that specialise this such as these below, to see what they have to say about it.

http://www.irwinmitchell.com/personal/personal-injury-compensation/neglect-abuse-criminal-injury-claims/child-abuse-claims

http://www.boltburdonkemp.co.uk/child-abuse/success-stories/

if they agree to take it on, then go for it but if they tell you that it’s a nonstarter, I would be inclined to go along with that. However I don’t see that a claim against Social services would succeed (time limit apart) unless you could prove that they were aware this abuse had been going on or should have been. If they were, they obviously wouldn’t have placed you there.

This isn’t something that I would recommend trying to DIY for one moment.