Social services’ negligence

Pierce v Doncaster MBC QBD TLR 27 December

The claimant had severe psychological problems in childhood caused by difficulties at home and at school. The Social Services Department knew of the circumstances shortly after his birth and removed him from his family and placed him in foster care, but they subsequently returned the claimant to the care of his mother and father without any proper assessment or investigation to justify that course. Thereafter, there was inadequate follow-up and monitoring. The claimant finally left home when he was nearly 15 years old by which time he had suffered severe neglect, and emotional and physical abuse from his parents. It was obvious that the council owed a duty of care from the date when the claimant was removed from his family and placed in foster care, and there was no countervailing reason why the imposition of such a duty would be other than fair, just and reasonable. The standard of care to be expected of the council’s staff and, in particular, its social workers, was that of the competent department judged according to the prevailing professional climate at the time. The duty of care was breached and it was held that no reasonable social work department would have returned the claimant to parental care in the circumstances. The claimant was awarded general damages of £25,000.