Father gaoled over assault on child

The BBC reports on the indefinite sentencing of a father, for attacking his baby daughter and leaving her with brain damage.  A woman, who cannot be named for legal reasons, was sentenced to two years in prison for child cruelty. The court was told that she ignored a social services order not to leave the man alone with the baby in February 2009. Medical experts told the court he shook the seven-week-old and hit her against something hard and flat.

It is likely that the baby has been taken into care, and in such circumstances a claim may be made to the Criminal Injuries Compensation Authority, a body set up to compensate victims of crimes of violence. However there is a £500,000 limit on the amount of damages that can be paid out. A serious brain damage case in one so young, might well be worth considerably more in a civil court.

Possibly the child might have a civil claim against social services, if it could be established that they could have prevented the attack. In the case of JD v East Berkshire Community Health 2005 it was held by the House of Lords that in certain circumstances a child wrongly taken into care because of an incorrect diagnosis of child abuse, would have a claim against the authorities.