States accept negligence over “years” of abuse

Thursday 07 May 2015

The States have admitted that they are responsible for nine years of appalling sexual, physical and emotional abuse suffered by three young children inflicted by their family and others.

The four-year court battle by lawyers acting for the children – named in court papers as the “X Children” to protect their identities – has seen the States this week admit liability for the abuse suffered from 1999 until 2008 as the Children’s Service should have better protected them and ultimately taken them into care.

The children were so traumatised by their abuse that they have required expensive ongoing specialist support and counseling which is likely to continue into the future.

The case of one of the children has now been settled, but assessing compensation for the other two children continues, and may end up in a hearing next year if no agreement is reached.

While the Health department accepted that it had been negligent some time ago, the four-year court battle has involved a dispute as to when the negligence of the authorities first started and in assessing the compensation that they will need for the future.

The department has refused to comment on the matter - they say that as it's an ongoing court case, it would be inappropriate to do so.

Advocate Timothy Hanson, who was first appointed by the Royal Court to act for the children in 2008, says that good progress is now being made in the case, but there is work still to do.

He said: “This has been a very difficult and complicated case but I am pleased at the progress that has been made this year.

“All parties in the case have worked hard to arrive at a sensible resolution and to meet the needs of these children. There is, however, still a fair amount of further work to be done.”

Most of the case – which began in 2011 - has been heard in private hearings behind closed doors, but the court decided earlier this year that it should be held in public, with reporting restrictions in place to protect the anonymity of the children.

Some expert reports upon Jersey social work practice over the relevant decades have been released from the case to the Independent Jersey Care Inquiry, at its request, although further publication remains restricted.