Marcus told caseworkers about his foster father’s abuse. A court must decide if their failure to act amounts to damages

The rape, beating and neglect Marcus* endured during his placement with a foster family left him partially deaf, traumatised and with substance abuse issues.

Records analysed by this masthead showed that Marcus, who is Aboriginal, was left in the care of his biological and foster parents despite years of ongoing reports of alleged violence, neglect and emotional abuse. The records span nearly 1700 pages documenting ongoing concerns raised by teachers, psychologists and caseworkers.

Marcus is fighting to hold the government responsible for failing to act on these reports by suing the state of NSW in the Supreme Court. The state’s defence states that Marcus was placed with the abusive foster carers by an NGO, which was responsible for vetting and supervising the foster parents.

His claim may be a test case for a recent High Court ruling allowing survivors to hold institutions accountable for those acting on their behalf. Marcus is hopeful the new ruling will extend to foster children.

In February, the High Court found that a diocese owed a survivor a “non-delegable duty of care” for abuse perpetrated by a priest. The obligation also extends to schools.

A Department of Communities and Justice spokesperson said it cannot comment on individual cases but follows model litigant policies to act honestly, fairly and efficiently, with most claims resolved within two years.

“[The department] acknowledges the impact of abuse and respectfully works with victim-survivors and their legal representatives to resolve claims as quickly as possible,” the spokespersons aid.

Marcus was born into what a clinical psychologist labelled a “very dysfunctional home”. Across eight years, the department investigated and confirmed nine reports involving domestic violence, alcohol abuse, and extreme neglect.

Despite these reports, Marcus and his siblings were only removed from their parents’ care in the late 1990s after his father smashed a bottle over his mother’s head.

By the time he entered the state system, records show he was undernourished and suffering from fungal lesions, chest infections and decaying teeth.

However, the neglect and abuse didn’t end there. After being placed in four different foster homes, Marcus and three siblings were placed with an Indigenous family who were living in a three-bedroom house with four biological children.

The foster children slept on mattresses in the living room of the “overcrowded” home.

Months after arriving, Marcus told caseworkers he was being “slapped and hit” by his foster parents and that the environment made him feel “sad”, records show. While a formal notification for abuse in care was recorded, the children were not removed.

A psychologist’s review noted the foster parents encouraged the boys to fight and used physical discipline.

Marcus reported to the psychologist that the foster parents placed bets on which child would win the fight. “I don’t understand why they hated my siblings and me so much,” Marcus said.

One year into the placement, a clinical psychologist found Marcus was “thin”, “wary” and self-harming. The psychologist noted his foster parents thought physical affection was “only for girls” and were “emotionally distant”.

The psychologist’s report described the placement as “not ideal” but “adequate”.

Three years into his placement, Marcus underwent surgery for an ear tumour so advanced it had become life-threatening. His ongoing ear infections went untreated by his foster parents. He is now partially deaf.

His foster father began sexually abusing him when his foster mother left the home to escape the foster father’s violence.

Marcus told the visiting child safety officer about the sexual abuse, who told him to stop lying. In another instance, the officers asked the father about the allegations, who then beat Marcus as punishment.

A school report noted Marcus began exhibiting troubling sexual behaviour.

His foster father arrived at a caseworker appointment with a “strong odour of alcohol”. Still, the children remained, with multiple caseworkers supporting the placement.

Marcus was eventually placed with another carer before moving in with his biological parents to care for his sick father without the department’s approval.

Marcus, who is in his 30s, has spent time in prison and experienced homelessness and substance abuse issues. Now in recovery, Marcus has lodged a Supreme Court case against the State of NSW.

“I was so young. [The government department] was meant to help me, but it feels like they gave me a life sentence,” he said.

“I want to make [the state] accountable so it doesn’t happen to anyone else,” he said.

This 2026 ruling opened a new avenue for survivors following a contentious 2024 decision. In that earlier case, the High Court ruled the Catholic Church was not vicariously liable for an abusive priest because he could not be legally classified as an employee.

The 2024 judgment had upended thousands of legal cases, forcing survivors of historical sexual abuse to accept reduced financial settlements or proceed to trial, where they faced significant legal hurdles. This changed with the 2026 ruling recognising a duty of care.

North Star Law principal lawyer Michelle Martin said she is hopeful that this ruling will open a new path to justice and reduce the likelihood that government departments can avoid responsibility on the basis that day-to-day care had been delegated or outsourced elsewhere.

“When a child is placed in the care of the Department, the Department assumes responsibility to care for the child and decides where that child goes,” she said.

“The child is vulnerable and wholly dependent on the Department’s decision-making.”

*Name changed for privacy.

Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800RESPECT (1800 737 732).

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