G v Spry – Claim for damages against a foster parent for abuse

The APIL PI Focus Newsletter Volume 20 Issue 3 reports the case of G v Spry.

The case is reported by Mr Justin Levinson of One Crown Office Row who represented the Claimant. 

This was a case involving a Claimant who was 23 years of age at the date of commencement of proceedings. She brought a civil claim against her former foster mother for physical and emotional abuse inflicted on her during her childhood.

G was taken into the care of Mrs Spry at the age of six as a foster daughter. This was a private fostering arrangement. Mrs Spry subjectd her to physical and emotional abuse, which included regular beatings with a metal bar, stamping on her throat, isolation from her parents, being made to eat rat and chidcen excrement, being made to crouch against walls for lengthy periods, being made to drink washing up liquid, sleep deprivation and being made to cook for the household from the age of 10. 

G was also taken away from school and given no schooling so by the time she left her foster mother, she was practically illiterate.

Eventually Mrs Spry was convicted of numerous counts of assault and child cruelty. She was sentenced to 12 years.

However by the time of the trial of her civil claim, the Claimant had acquired some qualifications and looked forward to qualifying as a veterinary nurse at the age of 28.

The judge was referred to two cases, Pierce v Doncaster MBC 2008 and MB v London Borough of Ealing 2008. He made an award for loss of earnings, but whilst he accepted that the Claimant’s career had been shortened as a result of its delayed commencement, there would have been about four years without earning in any event attributable to the fact that the Claimant was a single mother of a five year old girl. She would also have faced some difficulties insofar as she had been separated from her parents at an early age.

The Claimant was awarded as follows:-

General damages for pain, suffering and loss of amenity – £45,000

Aggravated damages (“punitive” damages on top of the above – £10,000

Five years loss of earnings as a veterinary nurse – £65,325

Future handicap on the labour market – £20,000

Cost of future therapy – £2000

Total award including interest – £146,518