Failure To Remove Claims – They Are Defendable!

His Honour Judge Birtles handed down Judgment in an important failure to remove case last Friday: TF –v- LB Lewisham. As far as we are aware, this was only the second case of this nature going to trial; the first being Pierce –v- Doncaster MBC [2008].

Facts

The Claimant (TF) was born in 1984. From birth there were concerns about her mother's ability to care for her and a social worker was appointed to the family. The Claimant was taken into Lewisham's care in December 1988 and later placed with a foster parent, Mrs B. In May 1989 the Claimant was returned to her mother's care on a 2 month trial basis. It failed. The Claimant returned to Mrs B's care in July 1989.

In August 1990 the Claimant was placed with a prospective adoptive parent, Mrs E. The following month the Claimant made disclosures to Mrs E of serious sexual abuse by RD, a friend of her mother's. In 1992 the Claimant disclosed sexual abuse by Mrs B's son, LB. Lewisham provided the Claimant and Mrs E