Psychiatric evidence in neglect and safeguarding claims
Independent psychiatric assessment where a child or vulnerable adult was neglected, or not protected from abuse by those responsible for safeguarding them, for claimant, defendant and single joint expert instructions. Free initial screening call and fixed fees with no hidden charges.
- Section 12(2) approved
- Claimant, defendant and SJE
- Structured for CPR Part 35
When those responsible failed to protect them
Neglect and safeguarding claims concern harm that came from what was not done: a child left in a neglectful home, abuse that was reported but not acted on, a vulnerable adult not protected in care. Dr Pradhan assesses the psychiatric consequences, and gives an opinion on diagnosis, causation, prognosis and treatment.
The effect of trauma, abuse, neglect or unstable care arrangements on mental health is at the heart of these cases. The report considers attachment, emotional regulation, education and relationships, and separates the effects of neglect from other adversity and from the abuse that may have accompanied it.
Dr Pradhan is section 12(2) approved and dual-accredited for claimant and defendant work.
The question at the centre of the claim
In a safeguarding claim, causation usually depends on what would have happened if those responsible had acted. The report deals with it in three steps:
- What psychiatric harm has the claimant suffered, and when did it develop?
- How much of it would probably have been avoided if they had been protected earlier?
- How would the claimant probably have fared in care or another placement instead?
The answers are often the hardest part of the case. The report sets out the reasoning and the evidence for each, and says where the evidence does not allow a firm view.
Submit an enquiryWhat the report covers
Reports in neglect and safeguarding claims commonly address:
- The psychiatric effects of prolonged neglect in childhood
- Attachment, emotional regulation and relationships in adult life
- Complex PTSD, depression, anxiety and personality-related difficulties
- Abuse that continued after concerns were raised
- The effect of delay in removing a child from harm
- How the claimant would probably have fared if protected earlier
- The effect of care placements, as distinct from the neglect itself
- Other adversity, and inherited or earlier vulnerability
- Self-harm, substance misuse and contact with services
- The effect on education, employment and earning capacity
- Treatment needs, prognosis and future vulnerability
- Supplementary questions, joint statements and second opinions
Send a short outline of the neglect or safeguarding failure alleged, the period and any limitation date, and Dr Pradhan will confirm the scope of opinion and a fixed fee.
Submit an enquiryDuty, rights and time limits
Whether a claim can be brought is for the solicitor and the court; the routes shape the psychiatric questions.
Negligence
A local authority does not owe a general duty to protect children from harm by others, but a duty can arise where it has assumed responsibility, for example for a child in its care.
Human rights
Claims under the Human Rights Act 1998 for failures to protect have a one-year time limit, which the court can extend where that is equitable.
Time limits
In England and Wales, neglect is not covered by the 2026 change for sexual abuse, so the ordinary rules apply, as they do in Northern Ireland. In Scotland, the Limitation (Childhood Abuse) (Scotland) Act 2017 covers neglect in childhood.
The psychiatric evidence
Whatever the route, the report addresses the harm, how much of it the failure caused, and the prognosis.
Safeguarding standards and the psychiatric opinion
Whether a council, school or care provider fell below the standard expected of it is a question for the court, often with evidence from a social work or other relevant expert. The psychiatric report addresses the claimant’s mental health: the harm, how much of it the failure caused, and its likely course.
For claims in England and Wales the report is structured for CPR Part 35 and Practice Direction 35. Reports for proceedings in Scotland and Northern Ireland are prepared to the requirements of those courts.
The Supreme Court held that a local authority does not owe a duty of care to protect children from harm by third parties merely because it has statutory functions, but a duty can arise where it has assumed responsibility.
Related pages
Neglect claim questions
If your question is not answered here, call and Dr Pradhan will advise on scope and timescale.
Call 0121 752 6065Can the report say whether the council should have acted sooner?
No. The standard of social work or safeguarding practice is for an expert in that field and for the court. The psychiatric report addresses the harm and how much of it earlier action would probably have prevented.
Can the report compare the claimant’s life with what would have happened in care?
Yes, where the instructions ask. The report explains how the claimant would probably have fared if protected earlier, and the limits of that opinion.
Does the 2026 change to limitation apply to neglect?
Not in England and Wales. It covers only injury attributable to sexual abuse suffered under 18. In Scotland, the 2017 Act removed the time bar for neglect suffered as a child on or after 26 September 1964.
Does Dr Pradhan assess vulnerable adults neglected in care?
Yes. She assesses adults whose claims concern neglect or a failure to protect them in a care setting, and the psychiatric harm that followed.
The claimant is still a child. Can Dr Pradhan help?
Dr Pradhan assesses adults aged 18 and over. Where the claimant is still a child, the assessment can be arranged through the child psychiatrists in her network; call to discuss the case.
How quickly can a report be delivered?
Usually 1–2 weeks from assessment, and urgent reports can often be provided in 2–5 working days where the papers and appointment can be arranged promptly.
Instruct Dr Pradhan on a neglect or safeguarding claim
Send a short outline of the claim and the issues, the funding route and any limitation or hearing dates.
- Phone0121 752 6065
- Emailinfo@
doctorpradhan.co.uk - Consulting Rooms NationwideAbacus Court, Harborne, Birmingham B17 0HH
Please do not include medical records or a detailed personal history in this form. Dr Pradhan will confirm how to send the papers once the instruction is agreed.
Case enquiry
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Instructions are accepted from solicitors only. Read our privacy policy before sending personal information.
If the matter is urgent, call 0121 752 6065.