Abuse in Foster Care

This area of the law is highly specialised, and it is important to have a solicitor who has experience in pursuing claims for compensation for sexual and physical abuse and assault in foster care.

You can contact us to discuss your claim. We will will advise you whether you are eligible to make a claim and the likely level of damages.

If you decide to pursue the claim we will do all the work for you, keeping you informed at every stage.

If you suffered sexual or physical abuse or assault, you may be able to claim damages in the form of monetary compensation. It does not matter if the abuse occurred many years ago.

If the person who suffered abuse is under 18, the claim can be brought by a parent or close relative.

Similarly, if the person who was abused is unable to speak to us due to old age or disability, a close family member can seek advice for them.

It is usual for claims to be brought against the local authority who employed the foster parent.

If the abuse happened may years ago, the local authority may have undergone a reorganisation or change, and it is important to establish the correct authority.

We will investigate all this for you and make contact with the local authority or their insurers on your behalf.

There are a number of factors which can affect how long a claim takes. Generally, a civil claim for sexual or physical abuse or assault can be concluded within 6-12 months.

We will provide you with regular updates as your claim progresses.

Each claim is different. We will assess your claim and give you an idea at the outset of the likely compensation you can expect to receive.

A civil claim for sexual or physical abuse can include the following types of compensation:

• General damages – An award of money for the abuse/assaults themselves, and for the pain, suffering and any psychological effects.
• Special Damages – An award for any specific financial losses we can prove, such as loss of earnings or the cost(s) of any treatment or counselling.
• Aggravated Damages – An additional award of money in certain cases, where the court considers that there has been additional distress caused by the manner in which the abuse occurred.

The majority of abuse claims are funded by a Conditional Fee Agreement (CFA) – this is also known as a “no-win, no-fee” agreement.

The way these agreements work means that you do not have to pay anything to us upfront. If you successfully recover damages, the majority of your costs will be paid by the other side.

You may have to contribute to costs out of any compensation recovered, but this will not be more than 25%.

We may advise you to take out After the Event (ATE) Insurance in your claim, depending on the case. If we consider that this should be taken out we will discuss this in detail with you.

Any ATE premium will only be payable if you win and will not need to be paid until the end of the claim.

The criminal process is different to the civil claims process. There are different evidential burdens in each process, so just because the police did not take your complaint any further, it does not mean that you cannot pursue a civil claim.

The police may still have evidence that will support your civil claim, even if it was not enough for a criminal prosecution.

At Oakwood Solicitors, we have dedicated lawyers with over 20 years of experience, acting for survivors of sexual and physical abuse.

We understand how difficult it can be to bring a claim, and we are committed to dealing with your case in a sensitive way.

You will have a dedicated solicitor who will deal with your claim from start to finish, and who will be able to speak to you at times convenient to you – even if this is outside our normal office hours.