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Claims Against Social Services

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Claims Against Social Services

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Courteous, fast and competent service
I would definitely recommend Lawhive also for the way the service is structured with a quick initial call and then their online private chat, which saves unnecessary costs, time and provides the kind of flexibility to follow the case when it’s more convenient to you.
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27 July, 24
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I recently used Lawhive to assist with my British citizenship application, and the experience was fantastic. My lawyer was incredibly helpful and kind throughout the entire process.
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29 July, 24
We had a very good experience with…
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About

A claim against social services is a legal action brought by an individual who has experienced harm or mistreatment while under the care or supervision of social services. This can take various forms, including abuse, neglect, mistreatment, or failure to provide adequate care or protection. Claims against social services aim to hold social services accountable for their actions or failures, seek compensation for harm suffered, and prevent similar incidents from happening in the future. A solicitor specialising in claims against social services can provide expert legal advice, prepare and submit your claim, negotiate on your behalf to reach a fair settlement, and represent you in court. Next steps

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Claims Against Social Services

Claims against social services are serious matters involving mistreatment or neglect by those responsible for the care and support of individuals or families.

These claims can come about because of failures to protect, improper care, or direct mistreatment by social service agencies and their staff. The effects of such actions can be long-lasting and significantly impact the lives of those affected.

Making a claim against social services can be overwhelming and emotional. Dealing with the aftermath of abuse or neglect can take a significant emotional toll on victims and their families, making it difficult to advocate for their rights. Claimants also often face a power imbalance when going against social services, making it even more challenging.

At Lawhive, we provide the support and legal expertise you need to seek justice and hold those responsible accountable.

Our network of specialist litigation lawyers will provide you with expert legal advice alongside compassionate support and understanding. They will advocate tirelessly on your behalf to hold social services accountable and increase your chances of securing the compensation you deserve for the harm you've suffered.

If you or a loved one have been a victim of abuse or neglect by social services, don't suffer in silence anymore.

Contact our Legal Assessment Specialists for a free, confidential case evaluation and quote for the services of a specialist solicitor who can act on your behalf to seek the justice and compensation you deserve.

claims-against-social-services

Can I sue social services for abuse under their care?

You can sue social services for abuse under their care if you or a loved one has suffered harm due to their actions or negligence.

In the UK, social services have a legal duty to protect and care for individuals under their supervision, especially children, the elderly, and vulnerable adults. If they fail to fulfill these responsibilities, resulting in abuse or neglect, you may have grounds to make a claim against them for compensation.

Types of claims against social services

Claims against social services typically revolve around accusations that social services failed to protect and care for individuals under their supervision.

Common claims include:

  • Allegations of physical harm caused by actions or negligence, like inappropriate restraint, hitting, or assault.

  • Actions or neglect causing emotional harm, including verbal abuse, intimidation, humiliation, or lack of emotional support.

  • Serious allegations involving non-consensual sexual behaviour or failure to act upon reports or signs of sexual abuse.

  • Failure to meet an individual's basic needs, such as food, clothing, medical care, or a safe environment.

  • Improper or illegal use of an individual's money or assets without consent, or failure to protect individuals from financial exploitation.

  • Unfair treatment based on protected characteristics, resulting in denied or prejudiced services.

  • Situations where individuals are removed from their homes or detained without sufficient reason or legal justification, particularly children.

If you believe you've experienced any of this under the care of social services, contact a solicitor to understand your options and start your claim.

Who can make a claim against social services?

Children, vulnerable adults, or individuals receiving direct services from social services agencies who were directly under their care and experienced abuse and neglect can make a claim against them.

When children are involved, parents or legal guardians can make claims on their behalf.

If the individual has died, the executor of their estate or legal representative can make a claim to seek justice on their behalf.

In cases where systemic issues or policies have caused widespread harm, groups or classes of affected individuals may collectively bring a claim against social services. These class-action suits can address broad systemic failures and seek remedies that benefit all affected individuals.

On what grounds can I file a claim against social services?

Grounds for suing social services typically revolve around negligence, which happens when harm is caused by a failure to exercise the care that a reasonable person would have exercised in similar circumstances.

For example, if social services neglected to act on reports of abuse or neglect, or if there was direct misconduct or abusive actions by social services staff themselves. Additionally, social services are bound by various statutory duties to protect those under their care. Failing to fulfill these duties can also lead to legal action.

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How do I prove a claim against social services?

To make a successful claim against social services, you must prove that social services breached their legal duty to care for and protect either you or the individual in question because their actions were inappropriate, negligent, or fell below the expected standard of care. For example, if they ignored signs of abuse or failed to follow up on reports of mistreatment.

Proof of this may be found in:

  • Medical records

  • Social services reports

  • Emails and letters

  • Witness statements

  • Expert opinions from medical professionals, psychologists, or social work experts

Due to the complexity of these cases, it's crucial to speak to a solicitor specialising in claims against public bodies. They can present a compelling case on your behalf and support you in exercising your Human Rights.

How to file a claim against social services

Filing an abuse claim against social services is a process that requires careful preparation and attention to detail to ensure the best chance for a successful outcome.

Document the abuse

Collect all relevant documentation, such as medical records, therapy notes, social services reports, communications, and any other evidence that supports your claim of abuse.

Keep a detailed diary of events, noting dates, times, and descriptions of interactions with social services and the effects of the alleged abuse.

Seek medical and psychological assessment

Have a thorough medical evaluation to document any physical injuries or conditions resulting from the abuse. Consider a psychological evaluation to document emotional and mental health impacts.

Consult a solicitor

Engage with a solicitor who specialises in claims against public bodies like social services.

Discuss your case with the solicitor to understand the viability of your claim, the likely outcomes, and the best legal strategies to pursue.

Your solicitor will review all the evidence and might consult with experts in fields relevant to your case.

File the claim

Your solicitor will prepare the necessary legal documents to start the claim. These documents are filed with the appropriate court or legal body.

Following this, both parties exchange relevant information and evidence as per the relevant pre-action protocol. Before going to trial, there may be attempts to mediate or negotiate a settlement outside of court.

Trial

If mediation or negotiation does not result in a settlement, the case will proceed to trial where both parties present their evidence and arguments. After hearing all the evidence, the judge (and possibly a jury) will decide on your claim.

Post-Trial

If you are unsatisfied with the trial's outcome, and there are grounds for an appeal, you may consider appealing the decision.

If you win the case, the next step involves enforcing the judgement to receive the awarded compensation.

How much compensation can I get in a claim against social services?

Courts consider many different factors and circumstances when calculating a claim.

Compensation is divided into two main types:

  1. General damages: These cover non-monetary impacts of the incident, like pain and suffering, emotional distress, and loss of enjoyment of life.

  2. Special damages: These compensate for financial losses.

How long do I have to file a claim against social services?

You typically have three years from the date of the incident or from when you became aware of it (known as the date of knowledge) to file a claim against social services.

If the victim was under 18 when the abuse occurred, they have until their 21st birthday to file a claim, starting from their 18th birthday.

For claims involving historical abuse, the courts may extend the limitation period based on when the victim became aware of the connection between their psychological injuries and the abuse suffered.

How can Lawhive help?

If you're thinking of taking legal action against social services due to abuse or neglect, Lawhive is here to help.

Our network of experienced lawyers specialises in handling complex cases with sensitivity and dedication, and is committed to securing the justice and compensation you deserve.

Contact us today to schedule a free consultation. Let us help you navigate your legal rights and options with confidence.

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All claims cases are handled by Lawhive Legal Ltd, a fully SRA regulated law firm (SRA number: 8003766). Our commitment is to provide professional legal services in compliance with the Solicitors Regulation Authority (SRA) guidelines. If you have any questions or concerns about a claim, please do not hesitate to contact us. Your satisfaction and understanding of the legal process are important to us.

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