Kent council ordered to pay teenager damages over ‘lack of support’
Council bosses have been ordered to pay a teenager embroiled in family court proceedings £17,500 damages after a judge concluded that social services staff had failed to “properly assess” and support her.
Mrs Justice Theis concluded that Kent County Council had breached the 14-year-old girl’s human rights.
Council bosses had disputed claims made against them.
Detail has emerged in a ruling by the judge following a hearing in the Family Division of the High Court in London.
Mrs Justice Theis said the youngster had been placed into the temporary care of the council in December 2011.
The judge said bosses had not asked a family court judge to make decisions about the girl’s long-term future until November 2015.
She said lawyers representing the girl had issued a claim for damages.
They complained that council staff had failed to assess her, failed to meet her needs and failed to issue court proceedings
And they said the council had breached her rights to respect for family life and to a fair trial – enshrined in Article 8 and Article 6 of the European Convention on Human Rights.
Her mother had supported the damages claim.
Mrs Justice Theis ruled in the girl’s favour.
“The failures by the local authority to properly assess and then support (the girl’s) needs and to delay issuing legal proceedings for over three years were actions that were unjustified and incompatible with (the girl’s) article 6 and 8 rights,” said the judge.
“I have made an order that the local authority pay damages to (the girl) of £17,500.”
The girl had been taken into council care in 2011 after her mother was “unable to cope”, Mrs Justice Theis heard.
Her mother had agreed to her being accommodated by the council.
Mrs Justice Theis outlined a series of difficulties and told how foster placements had broken down.
And she concluded that the council had acted unlawfully.
She said council staff had: failed to “properly assess” the girl; failed to implement a care plan that met her needs; failed to provide (her) with a proper opportunity to secure a “suitable long-term placement and a settled and secure home life” and failed to issue proceedings in a timely manner.
“I am satisfied that an award of damages is necessary in this case,” said the judge.
“In my judgment, (the girl’s) rights under Articles 8 and 6 have been seriously interfered with by the actions of this local authority.”
She added: “The length of time during which the local authority failed to secure effective assessment, therapy and support resulted in (the girl’s) right to family life being seriously interfered with over an extended period of time.”
Mrs Justice Theis said she had made decisions about the girl’s long-term future.
She said the girl would stay in long-term foster care and remain in touch with family members.
Copyright (c) Press Association Ltd. 2016, All Rights Reserved.
