Foster care was designed to provide children with a safe place, and many of the young people in the care system faced horrific abuse at the hands of the people who were supposed to protect them. Foster case abuse can be emotional, neglect, sexual, or physical, and it leaves long-lasting, deep emotional scars that can stifle development. Victim-survivors must know their rights and understand that they have legal options to receive redress via the sexual abuse compensation scheme. Foster care abuse is a clear breach of duty and a failure to the children in the system, and we discuss the various routes to justice you have to fight back against child sexual abuse.

Foster Care Abuse Defined 

Neglect 

If you were not provided with adequate medical care, supervision, food, or safety, this is a form of foster care abuse.

Emotional/Psychological 

If you were constantly belittled, threatened, intimidated, or verbally assaulted, this is a form of foster care abuse.

Failure to protect 

When a foster carer or an institution allowed children to be harmed despite their duty of care to ensure safety, this is a form of foster care abuse.

Physical 

If you were excessively disciplined, hit, or injured beyond reasonable care, this is a form of foster care abuse.

Sexual 

Childhood sexual abuse at the hands of a foster carer is a form of foster care abuse and includes unwanted, inappropriate sexual contact, and grooming by being overly sexual in front of children or showing them adult material.

NSW Legal Framework for Foster Care Abuse Claims 

There is a clear duty of care that institutions and foster carers have to children in the system, and the NSW child protection principles make those legal obligations clear. 

Civil litigation is a suitable option for many victim-survivors seeking to pursue a common law civil claim that is separate from the National Redress Scheme, which is capped and may not always reflect the harm suffered. 

Criminal proceedings could also be an option. New South Wales removed time limits for many of the historical sexual abuse claims, but it does require a higher standard of evidence to lay charges. You must report the abuse to the police to start proceedings, but you can speak to sexual abuse lawyers in Sydney before you take that step.

Survivors’ Legal Options 

Civil Litigation 

Nothing can undo the abuse you suffered, but as a victim-survivor, you can pursue civil litigation as a way to target the financial loss, pain, and suffering you suffered and the lifelong impacts it has had on your life. Civil claims may be more straightforward than criminal cases, but they still require experienced legal representation.

Speak to family sexual abuse lawyers about the civil litigation process and whether it might be the right course of action for you. If your abuser has passed away, civil litigation may be your best option. Or, if you don’t have a lot of evidence, civil courts weigh judgments based on the balance of probability. 

Criminal Reporting 

Criminal reporting is completely separate from compensation; this is a decision to report the abuse to the police to move toward prosecution. This also requires a skilled and experienced abuse lawyer who understands the threshold for evidence and can guide you through the process. A conviction requires evidence beyond a reasonable doubt. 


Speak to family sexual abuse lawyers about the criminal reporting process and whether it’s your best option. The court could also make a criminal restitution order, but this isn’t financial compensation for the victim-survivor; it’s for court costs and other out-of-pocket expenses. 

The Process 

  • The first step in the process is to schedule a free consultation with an experienced abuse lawyer who will assist with evidence gathering, whether it’s witness details, foster care records, medical records, or personal testimony. 
  • An experienced lawyer will help you gather supporting documentation, explain what type of evidence will help bolster your case and handle any negotiations required. 
  • If you choose the civil claim route, it can take as little as six months and as long as 18 months if a settlement is negotiated outside of court. If it does end up in a courtroom, it could take up to three years.
  • Seek legal advice as early as possible; this will ensure you preserve the evidence and are fully informed before you determine which pathway is the right choice for you.

Why You Should Consult a Lawyer for Foster Care Abuse Claims 

The civil route is a complex legal process and requires expert advice, allowing a lawyer to handle the legal documentation so you can navigate the emotional complexity without additional stress. Experienced abuse lawyers understand how emotionally taxing these cases are and provide trauma-informed support and legal strategies to secure the justice you want.

Why Choose AJB Stevens To Handle Your Abuse Claim 

At AJB Stevens, we have an experienced team specialising in foster care and institutional abuse cases, including success in civil litigation and NRS paths. We are a compassionate, client-centred team, passionate about advocating for your rights as we recognise the emotional nature of abuse claims. We understand that the NRS doesn’t address the harm you suffered, which is why we can pursue civil damages to address your long-term pain and suffering. You can rely on AJB Stevens for extensive support, clear communication, and total commitment to pursuing justice on your behalf.

If you’re looking for trusted, legal advice, contact AJB Stevens today to schedule a free consultation.