Sunday Mirror (Northern Ireland)

BETRAYAL OF CHILD ABUSE SURVIVORS

No compo for victims NOT in care, as appeal court sides with council

- EXCLUSIVE BY GERALDINE McKELVIE geraldine.mckelvie@trinitymir­ror.com

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.

 ??  ?? DEVASTATED Lawyer Mr Nocivelli
DEVASTATED Lawyer Mr Nocivelli
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