State Care Abuse Lawyers for Abuse in Government Institutions
State Care Abuse Lawyers for Abuse in Government Institutions
State governments have run many of the institutions where children and vulnerable people were abused. That includes children’s homes, residential care, state run disability services and mental health facilities.
Most of the people who contact Donaldson Law about these settings are now adults. The abuse happened when they were in “state care” or in a state run institution as children or teenagers under 18. The Royal Commission into Institutional Responses to Child Sexual Abuse confirmed that abuse in government institutions was widespread and that many state systems failed to protect children or to respond properly when concerns were raised.
Donaldson Law acts for survivors of historic abuse connected with:
- state run children’s homes and residential care
- foster care and out of home care systems
- state run disability or mental health institutions
- other statutory bodies that had responsibility for children or people in care
You do not need to know whether your placement or institution has been part of a public inquiry. Our role is to listen, to explain your options in clear terms and to help you decide what to do next at a pace that feels manageable.
Abuse In State Care and Government Institutions
Abuse in State care can include sexual abuse, serious physical abuse, emotional abuse, neglect or exposure to unsafe environments. Many survivors describe:
- violence or sexual abuse by staff or workers
- abuse by other residents where staff knew or should have known
- harsh punishments, solitary confinement or degrading treatment
- dangerous restraint practices or misuse of medication
- failure to provide basic care, education or medical treatment
Royal Commission case studies into out of home care highlighted systemic problems in State run institutions and made recommendations for better safeguarding and response.
Legal Rights and Pathways
When abuse occurs in State care or a statutory institution responsibility will often sit with a State or Territory government. In some jurisdictions governments have created specific redress schemes for people who were abused while in state care.
Depending on your situation possible pathways may include:
- a civil claim for damages against the state
- applications under existing state redress or ex gratia schemes for abuse in state care
- an application to the National Redress Scheme where the abuse took place in an institution that has joined the scheme
- participation in restorative or apology processes run by state agencies
The Royal Commission’s Redress and Civil Litigation report and subsequent government responses have led to reforms such as changes to limitation periods, model litigant guidelines and organisational liability across Australian jurisdictions.
For example, Queensland has whole of government guidelines for responding to civil litigation involving child abuse which are intended to ensure a more compassionate and consistent approach that makes litigation less traumatic for survivors.
We will explain which laws and schemes apply in your state or territory and how they affect your options.
Common State Care Settings we Act In
Our State care work often involves:
- Children’s homes and residential institutions
Survivors of older state run homes or hostels where children were placed due to welfare concerns, child protection interventions or family hardship. - Foster care and out of home care
Abuse in foster homes, kinship care or other placements where the state had ultimate responsibility for the child’s safety. - Disability and mental health institutions
Abuse or neglect in state run disability institutions or long stay psychiatric facilities, including matters where people were placed as children.
Each of these settings raises particular legal and evidentiary issues. We draw on our broader institutional abuse experience to navigate them.
Why Survivors Of State Care Abuse Choose Donaldson Law
Survivors of State care abuse choose Donaldson Law because:
Institutional abuse focus
Understanding of redress and litigation reforms
Trauma informed approach
Realistic, steady advocacy
Team based support and clear communication
◈ Other Institutions We Commonly Act In ◈
You do not need to see your specific institution listed to get in touch. These examples illustrate the types of institutions we frequently provide advice on. We also have dedicated pages for the key areas of institutional abuse where we most commonly act:
From this Institutional Abuse hub you can click through to learn more about how the law may apply in your situation and which bodies or schemes may be relevant.
How We Work with Survivors of State Care Abuse
When you contact us you can start with whatever you remember. That may be:
- the name or location of a home or centre
- the department that placed you in care
- approximate dates and ages
- any documents or letters you have kept
From there we:
- Identify the relevant department or statutory body
- Request records from government archives and agencies
- Check which schemes, guidelines and time limits apply
- Advise you on civil claim options as well as any redress schemes
- Work with you to choose a strategy that reflects your safety and your goals
You remain in control of whether to proceed and how far to take any process.
State Care Abuse FAQs
Speak With Our State Care Abuse Team
If you experienced abuse in state care or in a state run institution and you feel ready to talk you can contact us by phone, email or through our online form.
