Childhood sexual abuse can sadly take place in many different settings, and some children can suffer abuse from the very people and organisations who should be keeping them safe.
Many children are removed from their families for reasons such as abuse, neglect, family dysfunction, or acute parental illness, into the care of the local authority. A local authority will care for the child by way of a voluntary agreement with their parents or through a Care Order.
There are several different settings that a local authority can care for a child. Two examples are:
Foster Care: Most children live with approved foster families, which can be short-term, long-term, or in emergency situations.
Residential Care: Children stay in staffed children’s homes or specialised secure units.
Whilst the care of local authorities should be to protect children, some children experience abuse and/or exploitation while inside residential or foster environments.
Research shows that children in residential or foster placements can be significantly more vulnerable to abuse than children outside of the care environment and over 40% of looked after children experiences trauma linked to prior and ongoing adverse childhood experiences.
Children in care find it very difficult to tell anyone about what is happening to them, due to being removed from their family and friends and sometimes being removed from the area they grew up in, fear of losing their placement and being homeless, not being believed and threats from perpetrators about what will happen to them if they tell anyone about the abuse.
A survivor of childhood abuse can bring a claim for the abuse they suffered as an adult. Many survivors believe that they are too late to pursue a legal claim. This is not the case.
Under the Crime and Policing Act 2026 the usual time limit of 3 years from the date of the event or if the event happened as a child by the age of 21 years, under the Limitation Act 1980 has been removed for a claim relating to childhood sexual abuse. The only circumstance where a child sexual abuse claim would now not be allowed to proceed is if a Court felt that a fair hearing was no longer possible.
Where the abuse is suffered in a residential or foster care setting, a claim can be made against the perpetrator as an individual, but it is more straightforward and carries less risk for a claim can be made against the owner of the children’s home or local authority, as they have a duty of responsibility for the acts committed by the people they employ. The children’s home can be privately owned or owned by the local authority.
In a foster care setting, the local authority has a duty of responsibility for the acts committed by the people who they appoint as foster carers and a claim can be made against the local authority.
I have recently represented a client in a claim against their foster carers who were also family members which was a landmark decision and will hopefully result in more survivors who have suffered abuse in family foster placements to make a legal claim.
Read more about the significant foster care abuse appeal
This is the principle of vicarious liability, but a claim can also be made against the owner of a children’s home for negligence if they knew or should have known what was happening and failed to intervene.
Due to the legal complexities of these cases, instructing a Solicitor is recommended. A Solicitor will be able to gather evidence to show the nature of the relationship between the owner of the children’s home and/or the local authority and the perpetrator and how the perpetrator used their position to commit the acts of abuse. They will also be experienced and familiar with the changes in the law for these cases.
A successful claim against the local authority or owner of a children’s home can provide a survivor with financial compensation and an acknowledgement of what happened to them and in some circumstances an apology from the relevant organisation. It can also encourage other survivors to come forward.
Relatively few survivors will be awarded figures like this for abuse and injury. Many people if they are successful will receive some sort of five-figure sum.
