Richard Scorer says local authorities must stand up for at-risk children
Children in care are among the most vulnerable children in our society. After the “Baby P” case, there has been much attention on the issue of when children who are at risk of abuse should be taken into care. Many local authority social services departments are now overwhelmed by child protection cases, and it is likely that the numbers of looked after children will rise as a result. However, evidence suggests that the “life chances” of looked-after children are poor.
One issue which has been considered by the civil courts recently is the duties owed to looked after children once they come into care. Among other things, do local authorities owe a duty of care to pursue financial and legal claims on behalf of such children? A child taken into care following sexual abuse will almost always be able to make a claim to the Criminal Injuries Compensation Authority (CICA). However, the local authority, as the child’s legal “parent”, is likely to be the only person in a position to make this claim
