Sunday Mirror (Northern Ireland)
BETRAYAL OF CHILD ABUSE SURVIVORS
No compo for victims NOT in care, as appeal court sides with council
THOUSANDS of abuse victims are likely to lose compensation bids after a devastating ruling.
Councils will have no duty of care towards many of our most vulnerable kids if they are not in care, even if social workers are aware of victims’ suffering.
Child abuse lawyer Dino Nocivelli slammed the court decision and said: “This judgment has a potentially devastating impact on survivors who have already been let down by social services.
“As has been seen in Rotherham and elsewhere, we cannot always rely upon local authorities to safeguard children.
“It is only right they should be held to account where they have failed their duty of care to protect children.”
The judgment, delivered last week in the Court of Appeal, applies to children not subject to council care orders and came after a mum took legal action against Poole Council for failing to protect her disabled son from neighbours.
It said: “No duty of care can be owed by a local authority in the exercise of child protection functions to investigate and take action to prevent significant harm.”
Social workers will effectively now not be held responsible for some of the most
It is simply not fair for survivors to be punished for failings of social services
DINO NOCIVELLI LAWYER WHO REPRESENTS ABUSE VICTIMS
shocking abuse cases if victims are not taken into care. A Supreme Court appeal could take as long as two years.
In Rotherham alone 1,400 girls were victims of paedophiles and the local council turned a blind eye, said a report.
Mr Nocivelli added: “It is simply not fair for survivors to be punished for failings of social services and allow councils to avoid recompensing survivors for a failure to remove children from harm.”
Sources say hard-up councils are relieved. They previously had to pay out if lawyers could prove staff failed to act on information to protect a child.
Earlier this year, Danni Smith, 27, sued Brighton and Hove for a five figure sum.
Social workers knew he was raped and beaten at home but did not rescue him for two years. He would not now be entitled to compensation because abuse took place before he was taken into care.