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Foster care abuse lawyers – legal support for survivors

Maurice Blackburn Abuse lawyer Lily
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Children placed in foster care deserve safety, stability, and care. Unfortunately, this isn’t always the reality. Too many children suffer abuse or neglect at the hands of foster carers or within broken systems that fail to keep them safe.

If you or someone you love has suffered abuse in foster care, you are not alone, and legal support is available.

At Maurice Blackburn, our experienced foster care abuse lawyers are here to help survivors of abuse seek justice, accountability and financial compensation for the harm they have endured. We understand that it can be difficult to come forward with your story, but we are here to support you with compassionate and expert leal guidance when you’re ready.

Foster care abuse can take many forms. It may involve physical, sexual, emotional or psychological harm, or systemic neglect by agencies that fail to provide proper oversight. 

Types of abuse include: 

  • Physical abuse – such as excessive punishment, force or mistreatment causing injury 
  • Sexual abuse – any unwanted or inappropriate sexual contact or behaviour 
  • Emotional abuse – such as belittling, threatening, manipulating or isolating children 
  • Neglect – failing to provide food, medical care, education or a safe living environment. 

This abuse can be carried out by foster carers, caregivers, child protection agencies, government bodies, or other third parties. 

Warning signs of abuse may include: 

  • Unexplained injuries
  • Withdrawal or anxiety 
  • Fear of authority figures
  • Developmental delays
  • Poor hygiene or lack of medical care

Numerous inquiries and investigations in Australia have revealed widespread failures in the foster care system. These failures have left many children unprotected, highlighting the need for accountability and justice.

Every child in foster care is owed a duty of care. When this duty is breached and abuse occurs, the law gives survivors the right to seek justice.

Key legislation protects foster children and allows them to seek redress, even for historical abuse cases. Understanding your rights is the first step toward justice, and our experienced foster care abuse lawyers can help you navigate the legal process.

How to make a foster care abuse compensation claim

  1. 1. Talk to us

    Tell us your story. We will listen, and believe you. We work on cases like this all the time.

  2. 2. We'll review everything, together

    We will go through the details of your case, and explain your choices. You won't have to tell your story over and over.

  3. 3. Start your legal claim

    We will build the evidence and lodge the claim on your behalf.

  4. 4. Seek justice

    We're on your side, standing up for what's right. We'll fight to have your voice heard.

Foster care abuse claims can be made by:

  • Survivors of abuse who lived in foster care
  • Family members of deceased survivors
  • Legal representatives acting on behalf of a minor of person with impaired capacity

There are several legal pathways available for survivors depending on your circumstances:

  • Civil claims – for financial compensation for pain, suffering, and loss
  • Redress scheme claims – through government run programs for institutional abuse
  • Criminal proceedings – to prosecute those responsible for abuse
  • Institutional liability claims – pursued against foster care agencies or government bodies that failed to provide duty of care

Our experienced team of abuse lawyers can guide you through the best path for your situation. 

Legal deadlines for filing foster care abuse claims vary. While statutes of limitations apply, many survivors of historical abuse are eligible for exceptions due to recent legal changes.  

If you are unsure whether you can still file a claim, our foster care abuse lawyers can assess your eligibility and advise you on your legal rights and entitlements. 

Factors that affect foster care abuse compensation

The amount of compensation awarded depends on the type and severity of abuse experienced. Claims may cover physical injuries, emotional trauma, and long-term psychological harm.

Government agencies overseeing foster care placements may be held accountable for failing to protect children. Private foster agencies also have legal responsibilities, and individual foster carers may face criminal and civil liability.

While documentation may not always be available, a strong claim can still be made. Evidence may include:

  • Medical or psychological evaluations
  • Witness testimony
  • Expert reports and analysis of systemic failures

We’ll handle the legal process with sensitivity and care, ensuring that your story is heard. 

How our foster care abuse lawyer can help

Trauma-informed legal support

Our foster care abuse lawyers provide compassionate, trauma-informed legal representation. We work closely with psychologists and social workers to ensure survivors feel safe and supported throughout the process.

Investigating and building your case

Filing a successful claim requires gathering evidence, accessing foster care records, and identifying responsible parties. Our specialised foster care abuse lawyers have extensive experience in proving negligence and systemic failures within the foster care system.

Negotiating settlements vs. going to court

Many claims are resolved through out-of-court settlements, allowing survivors to receive compensation faster and with less emotional strain. However, if a fair settlement cannot be reached, our experienced legal team is prepared to take cases to trial and fight for justice in court.

Our lawyers will work with you through every step of the process

If you or someone you love has suffered abuse in foster care, now is the time to seek justice. Our dedicated team of foster care abuse lawyers will listen to your story, and work with determination to get the best possible outcome.

Contact Maurice Blackburn for a confidential free consultation. We’re here to support you when you’re ready.

Need to speak to us sooner? Call us on 1800 111 222


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No Win, No Fee – making legal help accessible

We believe legal support should be available to all survivors, regardless of financial situation. That’s why we offer a No Win, No Fee arrangement, meaning you only pay if your claim is successful. We ensure complete transparency in legal fees and guide you through the process from start to finish, so there are no hidden surprises.

search  Speak to our team

We have experts all over Australia to help you with your claim. 

Danielle De Paoli

Danielle De Paoli

Special Counsel, Childhood abuse, Public place injury, Road injury, Work injury

  • Sydney, NSW
  • (02) 9806 7210
John Rule

John Rule

Principal Lawyer, Childhood abuse

  • Melbourne, VIC
  • (03) 8102 2043
Heather Kerley

Heather Kerley

State Team Leader, Senior Associate, Childhood abuse

  • Sunshine Coast, QLD
    Darwin, NT
  • (07) 5430 8713
Hugo Seymour

Hugo Seymour

Associate, Childhood abuse

  • Perth, WA
  • (08) 6220 4306

Office locations

We’re here to help. Get in touch with your local office.

Select your state below

We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.

We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.