There is no legal duty of care for volunteer leaders who chose to ignore the escalating bullying by other Scouts of my neurodiverse child. We followed Scout Association policies and reported the bullying. Despite bringing it to their attention and being given assurances as to safeguarding, the Scout leaders left them with the same group of boys who then simulated anal rape on him.
The leaders’ position was that they believed the bullies who were ‘good boys’, whose parents were involved in the Scouting movement, and that my son could choose to go elsewhere whilst the bullies were allowed to remain. My son developed PTSD now exacerbated by Covid into total isolationism and a lack of trust. All because of institutional norms that perpetuate a lack of regard for the safety of young people in their care.
We attempted to obtain justice, were misadvised by three sets of solicitors that there was a duty of care, only to lose our case because there were no legal grounds. The Scout Association pursued costs against both my son and myself, meaning they now own a good percentage of our home.