Institutional and Organisational Abuse Claims

Our experienced team of solicitors understand the sensitive and complex nature of sexual and physical abuse compensation claims and are dedicated to providing compassionate and professional support to those who have suffered abuse.

On this page, you will find answers to some of the most commonly asked questions about making an abuse compensation claim. If you have any further questions or would like to speak with a solicitor, please do not hesitate to contact us.

• Child Abuse in Children's homes
• Abuse in Foster Care
• Abuse in Schools and Other Educational Settings
• Child Sexual Exploitation
• Abuse in the Scouts and Youth Groups
• Abuse by Public Figures and Celebrities
• Abuse in Hospitals and Other Medical Settings
• Abuse of the Elderly in Care and Nursing Homes
• Abuse Within the Church and Other Religious Organisations
• Abuse in Sport
• Online Abuse

This basically means bringing a claim for compensation for physical abuse and/or sexual abuse or assault against an organisation or individual.

Where an assault has been committed or a pattern of abuse has occurred this will also likely be a criminal offence. Crimes are investigated by the police and prosecutions are brought by the Crown Prosecution Service (CPS) against the individual committing the assault or abuse. The CPS are basically the lawyers who will take the case of the accused person to court. The criminal process has its own set of legal rules, procedures and courts. Criminal cases are usually dealt with in the Magistrates court and the Crown Court. If an individual is convicted of a crime they will receive a sentence for their crime which can include fines, community orders and sentences of imprisonment.

The civil compensation claims process is different and has a separate set of rules, procedures and courts. You, as the victim/survivor of abuse, will bring the claim. The claim is not usually brought against the individual abuser, although this is possible. The claim will usually be brought against the organisation or body that employed or was responsible for the abuser. Civil claims for compensation are usually dealt with in the County Court or the High Court. If your claim is successful, you will be awarded compensation. It is also possible to obtain other outcomes, such as an apology.

Civil claims for compensation can and usually are dealt with outside of the court process. The opponent in your civil claim (the defendant) will be given the opportunity to settle your claim without recourse to the courts. If they do not your solicitor will advise you to issue proceedings and start the court process.

We will advise you on the most appropriate body or organisation to bring your claim against. Civil law states that local authorities, organisations, or companies can be liable for sexual assaults committed by their employees or persons in their control in various circumstances. For example, this includes:

• The local authority will be responsible for the staff in their childrens homes
• The NHS trust will be responsible for the actions of their doctors and nurses
• A catholic diocese will be responsible for the actions of its Priests
• The Scout Association will be responsible for the actions of its Scout Leaders
• The sports club, organisation, company or charity would be responsible for abuse by coaches or other helpers
• The company, body or organisation would be responsible for the abuse by a celebrity
• The local council or company who own the care homes would be responsible for the actions of their staff in the care home
• The organisation or body who employs the teacher or tutor are responsible if the abuse pupils
• The local authority or organisation would be responsible for staff committing abuse to children in care homes

Not every case is straightforward, and the law is constantly developing and changing. It is our job as your specialist abuse solicitor to advise you and to ensure that your claim is brought against the appropriate defendant. It is important that any defendant has the ability to pay you compensation should your claim be successful. Many organisations and companies are insured, but some are not. We have dealt with many many claims and have expertise in obtaining the information we need to ensure that your claim is successful and you receive compensation for the abuse or assaults that you suffered.

Any civil claim for abuse will be a claim for compensation, for monetary damages to compensate you not only for the actual abuse or assaults but also for the pain and suffering that this has caused you. This means that we can recover a sum of money to reflect the severity of the abuse and the effect it may have had on your life and on your mental health and well-being. In certain cases we can also recover sums of money to reimburse you for any financial losses you may have incurred that are connected to the abuse, such as loss of earnings or any private therapy or counselling you may have paid for in the past. We can also seek to recover a sum to cover future counselling or therapy.

Many of our clients often want some form of recognition by way of a written apology and this is also something we can obtain from the defendant.

Our institutional sexual assault and abuse compensation calculator will give you an idea of what compensation you could be entitled to.

We are experienced in assessing your claim and its potential value. We will gather evidence to demonstrate how you have been affected by the abuse. This will include your account of how you have been affected and we will also obtain copies of any relevant medical records. In most cases, we will also need to instruct an independent medical expert who will prepare a report to support your claim and to give a view on the effect of the abuse and whether you have suffered any psychological health issues. The expert will also make any recommendations for the future and will give a view on whether you could benefit from any counselling or therapy.

Most likely not. Even where court proceedings have to be issued there is a very high chance your claim will conclude before the case actually goes to court. In our experience, less than 2% of cases end up at a final hearing.

In the small percentage of cases that do go to court, there is always the possibility that the alleged abuser will be called as a witness. The abuser would not be present throughout the whole case however and in many cases the fact of the abuse is not disputed so it is not necessary for the abuser to appear in court.

We pride ourselves on progressing cases quickly and efficiently. Different types of abuse claims can take different lengths of time and some factors are out of your or your solicitors' control. We expect cases to take months and not years.

If you have suffered sexual or physical abuse or assault, it is likely that this also amounts to a crime. If you have not done so already we always encourage our clients to report the abuse to the police. It is often helpful to do so as the police will often uncover useful evidence as part of their investigation that can be used in your civil compensation claim.

If your care records are still available and they are relevant to your case then we will obtain a copy. If we will not need them ourselves we can advise you on how you can apply for them. Many of our clients ask us to provide them with a copy of their social care records. We try and encourage clients to wait until the end of their case before we send the records to you. We also advise our clients that they ensure that they have available support from a friend or family member when they do read your records. Childhood social care records can contain information about your childhood that may be upsetting and often contain information about your family that you may not have been aware of.