Background to the claim
Coleman Legal LLP have successfully settled the first negligence claim of its kind in relation to a woman who was severely sexually abused by two siblings while she was placed in a day-fostering arrangement by the HSE.
The Plaintiff was eight years old when she spent one year in the home of a foster parent who cared for babies and infants of various ages for remuneration by the HSE.
Allegations against the HSE
It was claimed that the HSE State authority failed, at all material times, in its duty to manage, control, administer, and supervise the placement of children in, inter alia, day-fostering care.
Abuse within the foster home
The foster home, situated in the Dublin 15 area, was also home to two of the foster parents’ own adult children, who, on occasion, were in loco parentis to the plaintiff and sexually abused the plaintiff during the day when their mother was absent from the foster home, and they were permitted to be in seclusion with the plaintiff in the foster household.
The Plaintiff and her brother attended the Foster Home during weekdays from 8:30 am to 6:30 pm and returned to their father each evening when their father came back from work. They had their meals, went to and from school, and did their homework at the Foster home.
Settlement outcome
The Plaintiff settled the HSE aspect of her claim for a six-figure sum and is now pursuing the remaining defendants for damages for sexual assault and psychological trauma.
