Claims against social services: negligence, human rights and complaints

People think about suing social services for different reasons: a child left at risk despite warnings, a child removed from or kept away from a parent without proper authority, abuse suffered in care, or an adult whose care needs were not properly assessed or met. This guide explains when the law allows a claim for compensation, how human rights claims work, how to complain and when an ombudsman can help, and the deadlines in each part of the UK. It is general information, not legal advice. We are an independent information service, not a law firm.

What social services must do

Councils have wide statutory duties. In England, for example, a council with reasonable cause to suspect that a child who lives, or is found, in its area is suffering, or is likely to suffer, significant harm must make the enquiries it considers necessary to decide whether to act (section 47 of the Children Act 1989), and it must make enquiries where an adult with care and support needs is experiencing, or at risk of, abuse or neglect and cannot protect themselves (section 42 of the Care Act 2014).

But the Supreme Court has said that public authorities do not owe a duty of care merely because they have statutory powers or duties, even if using them could prevent harm. So a claim needs another legal basis, such as an assumption of responsibility or the Human Rights Act.

When a council can be sued in negligence

The leading case is Poole Borough Council v GN (2019), a claim that a council negligently failed to use its social services functions to protect children from harm caused by third parties, in that case neighbours. The Supreme Court held that public authorities may owe a duty of care where the principles that apply to private individuals would impose one, for example where the authority created the source of danger or assumed a responsibility to protect the claimant, unless the legislation excludes it. On the facts, investigating and monitoring the children's position was not a service on which they or their mother could be expected to rely, and the council had not taken them into its care, so there was no arguable duty of care.

In HXA v Surrey County Council (2023), the Supreme Court applied Poole to children abused by a parent or a parent's partner and found no assumption of responsibility to protect them, so the negligence claims were correctly struck out. But it stressed that this does not mean there can never be such a duty, giving as the obvious example a council that has obtained a care order and so taken on parental responsibility for a child.

Where a child is abused while in care, the council can also be vicariously liable: in Armes v Nottinghamshire County Council (2017) a council was held liable for abuse by foster parents even though it had not been negligent in choosing or supervising them.

Human rights claims

Section 6 of the Human Rights Act 1998 makes it unlawful for a public authority to act incompatibly with a Convention right, such as the ban on inhuman or degrading treatment (Article 3) or the right to respect for private and family life (Article 8). The Supreme Court has noted that the Act created a potential liability on councils to compensate children where a failure to protect them from ill-treatment and neglect infringed Article 3.

In Williams v London Borough of Hackney (2018), about children accommodated away from their parents, the Supreme Court explained that an interference with family life violates Article 8 unless it is in accordance with the law and proportionate, and that the parent or child may then seek a remedy, which could be an award of damages. Two rules make these claims different: proceedings must usually be brought within one year beginning with the date of the act complained of, unless the court allows a longer period it considers equitable (section 7(5)), and damages are awarded only where necessary to afford just satisfaction (section 8).

Complaints and the ombudsman

A complaint can put things right without court proceedings. Each nation has its own procedure:

• England, children's services. Councils must have a procedure for representations, including complaints, from children they look after or who are in need, their parents and others (section 26(3) of the Children Act 1989). Complain within one year after the grounds arose; later complaints can be accepted if they could not reasonably have been made sooner and can still be considered effectively and fairly.
• England, adult social care. Complain within 12 months of the matter or of it coming to your notice, unless you had good reasons for the delay and it can still be investigated effectively and fairly.
• Local Government and Social Care Ombudsman (England). Complain in writing within 12 months beginning with the day you first had notice of the matter, although the ombudsman can disapply this. The council must normally have had a reasonable opportunity to respond first, and the ombudsman will not usually investigate where you have or had a remedy in a court of law, unless it is not reasonable to expect you to use it.
• Wales. Complain within 12 months of the matter or of it coming to your notice. The Public Services Ombudsman for Wales has one year from the day you first had notice, with discretion to accept later complaints.
• Scotland. Under the councils' model complaints handling procedure, which covers social work, complain within six months of first knowing of the problem, unless there are special circumstances. The Scottish Public Services Ombudsman has 12 months from the day you first had notice, unless special circumstances apply.
• Northern Ireland. Complain to your health and social care trust, which provides social care in the community, usually within six months of becoming aware and normally no longer than 12 months after the event. The Northern Ireland Public Services Ombudsman must receive a complaint within six months of the notice that the trust's procedure is exhausted.

Getting your social care records

Your social care file can be central to a claim. You have a right to ask the council for access to, and a copy of, the personal data it holds about you (Article 15 of the UK GDPR). The Information Commissioner's Office says you do not need a solicitor or a lawyer, and organisations usually have one month to respond. See also our guide to evidence for a personal injury claim.

Legal aid and judicial review

In England and Wales, legal aid can still cover claims about abuse by a public authority of its position or powers, significant breaches of Convention rights by a public authority, abuse that took place when the person was a child or vulnerable adult, and judicial review (paragraphs 3, 19, 21 and 22 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012). GOV.UK says you will usually also need to show that your income and your savings are below certain amounts, and lists a child in your family being at risk of being taken into care among the problems it can help with.

To challenge a decision rather than claim compensation, judicial review may be the route: in England and Wales the claim form must be filed promptly and in any event not later than three months after the grounds first arose (rule 54.5 of the Civil Procedure Rules). For other funding options, see our no win, no fee guide.

Time limits

Court deadlines are separate from complaint deadlines, so do not let a complaint run past them. A Human Rights Act claim usually has one year. An injury claim has three years from the injury or a later date of knowledge in England and Wales (sections 11 and 14 of the Limitation Act 1980) and Northern Ireland (article 7 of the 1989 Order), and three years in Scotland (section 17 of the 1973 Act). For a child, the three years usually run from the 18th birthday in England and Wales and Northern Ireland. There is no time limit for an injury claim for sexual abuse suffered under 18 in England and Wales (section 11ZA, since 29 June 2026), or for childhood abuse in Scotland (section 17A).

Frequently asked questions

Related guides: claiming against the council, claims against the police, criminal injury compensation, psychological injury claims, time limits and choosing a solicitor.

Official sources used for this guide: Poole BC v GN [2019] UKSC 25; HXA v Surrey CC [2023] UKSC 52; Williams v Hackney [2018] UKSC 37; Human Rights Act 1998, s.7; Local Government Act 1974, s.26B; SPSO model complaints handling procedure. This guide is general information about the law in the UK, not legal advice; the law can change, so check your own position with a regulated solicitor.