Child abuse protection improved in Pembrokeshire

BBC News reports that a ten year old girl was seriously sexually assaulted by the adopted son of her carers. A serious case review has been carried out by social services. The abuser has since been convicted and given a minimum of six years in prison.

Apparently the serious case review found no evidence that any agency or professional was aware of information that the adopted son posed a danger to the girl. However recommendations were made on how services could be improved.

Another review examined the case of a 15 year old boy who took a drugs overdose, resulting in permanent damage to his health. Recommendations have also been made in those cases.

Serious case reviews are undertaken by social services where for instance a child has died or been seriously injured. The purpose is to learn lessons, such as in the Baby P case.

It is possible that either of these children might have a claim in negligence against social services, if for instance they knew of circumstances in which they might come to harm. The serious case review is not conclusive in relation to that issue. The case of D v East Berkshire Community Health NHS Trust [2003] EWCA Civ 1151 [2004] 2 WLR 58 was the first to establish that social services might owe a duty of care to an abused child in certain limited circumstances. However the courts have still shown reluctance to allow such claims – see AD –and- OH (A child : by AD his litigation friend) v Bury Metropolitan Council [2006] EWCA Civ 1. X and Y v the London Borough of Hounslow [2009] EWCA Civ 286. They remain very difficult claims.

See BBC News 5 November 2009 Review follows rape of girl,10