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Current & Historic Child Abuse Claims
Our solicitors can guide you through child abuse claims and help you seek much needed compensation. Continue reading to learn everything you need to know about child abuse claims.
£85 million in compensation
Current & Historic Child Abuse Claims
Our solicitors can guide you through child abuse claims and help you seek much needed compensation. Continue reading to learn everything you need to know about child abuse claims.
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We understand that no one should have to endure abuse, especially as a child. Child abuse has pervasive and lifelong consequences that can impact an individual’s mental health, physical health and ability to form social relationships in later life. Not only this, but it can increase an individual’s likelihood of using alcohol or drugs, create difficulty regulating emotions and it can be particularly hard to bear because child abuse impacts are entirely preventable. Child abuse claims can help you or your child recover compensation for the physical, psychological and financial implications of suffering this type of abuse.
At JF Law, our advisors have a careful, sensitive approach. They are on hand to listen to you, discuss whether you have a valid claim, and explain the options available. They can then connect you with one of our expert child abuse claims solicitors who can handle the entire legal process on your behalf; whether this be offering assistance with gathering evidence, or ensuring your claim is started within the time limit, we’re here to help you.
Read on to learn how to make child abuse compensation claims, and how JF Law can assist you with the process or get in touch with our advisors today.
Contact our advisors by:
- Calling us on 0151 375 9916
- Contacting us online
How To Make Child Abuse Claims
In order to make a child abuse claim, your case must meet certain eligibility requirements to be valid. There are three avenues for bringing a criminal injury claim. You could:
- Seek compensation from the perpetrator directly
- Make your case against a vicariously liable party
- Claim through the Criminal Injuries Compensation Authority (CICA)
Below, we have provided the criteria that must be met when claiming via the first two avenues. We must demonstrate:
- You were owed a duty of care. Whether this be from another person, organisation or business, you were owed a legal obligation that the responsible person should have taken reasonable steps in protecting your health and safety.
- The person, organisation or business owing the legal responsibility breached it. This can arise when the responsible person fails to act in the same way that a reasonable person would have.
- You suffered injury as a result. The final step we must show is that you suffered either physical or psychological injury. This includes severe forms and minor injuries.
Claiming Against A Vicariously Liable Party
If we can show that an organisation who had a legal obligation to ensure your health and safety, failed in upholding their duty of care then you could seek compensation against a vicariously liable party.
This could be made against a school, social services, care homes or another organisation who could have prevented the crime by taking reasonable steps, but failed to do so through negligence.
An example of claiming against a vicariously liable party could include if a school failed to perform a DBS check which would’ve highlighted previous sexual abuse convictions, and this teacher went on to abuse pupils of that school.
Claiming Through The Criminal Injuries Compensation Authority (CICA)
If you’re unable to claim using the above two avenues, then as a final resort, you could bring a claim through the Criminal Injuries Compensation Authority (CICA). This is a government agency that is able to award compensation to victims of a violent crime within Great Britain.
In order to claim this way, certain eligibility requirements must be met.
First, it must be proven that you were injured in a crime of violence. Under the Criminal Injuries Compensation Scheme 2012, only certain crimes will satisfy a crime of violence. Assault, domestic violence, arson and sexual abuse constitute.
It must then be determined that this violent crime occurred in England, Wales, Scotland or a registered vessel within one of these countries.
Finally, we must show that this crime of violence was reported to the police and ensure that your claim is brought within the time limit which we explore later in our guide.
For more information on how we could help you make a CICA claim, please get in touch with our advisors today. If you have a valid claim, they can connect you with one of our expert solicitors who can navigate the complex legal process on your behalf.
Can Claims Be Made For Historical Child Abuse?
Yes, claims can be made for historical child abuse. This type of claim is for neglect, physical, emotional or sexual abuse that occurred when you were under 18. Due to the nature of these claims, certain factors might have prevented a report being made at the time.
Again, these types of cases must satisfy the eligibility requirements, which our advisors can discuss with you in more depth. Please get in touch with us today to learn more about historical child abuse claims, and how we can help you seek compensation.
Could A Claim Be Made On Behalf Of An Abused Child?
Yes, claims can be made on behalf of an abused child, typically made by a trusted adult. In some cases, such as those against the perpetrator or a vicariously liable party, the trusted adult would need to act as their litigation friend, which is a court-appointed role that comes with a number of responsibilities. You are able to claim on behalf of a child who is under 18, as a minor can’t bring their own claim independently.
If you are interested in making a claim on behalf of an abused child, please get in touch. Our solicitors have years of experience in child abuse claims, and can provide a personalised and sensitive approach.
What Can Be Covered Under A Child Abuse Claim?
A child abuse claim can cover different types of abuse, including:
- Physical abuse which includes any type of physical bodily harm or injury inflicted upon the child
- Sexual abuse including any non-consensual sexual contact or exploitation
- Emotional abuse such as verbal abuse, threatening language, or any psychological harm inflicted
- Neglect which is the failure to provide basic needs such as food, shelter, education or healthcare
For more information about the types of abuse you could claim for, please get in touch with our advisors today.
We pride ourselves
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We pride ourselves on providing the best service possible for our clients.
What Child Abuse Compensation Might Be Awarded?
The amount of compensation that can be awarded will depend on the avenue which you make your claim. Below, we explore how compensation will vary depending on whether your claim is made via the traditional route, or through the CICA.
Compensation For Vicariously Liable Party Child Abuse Claims
Compensation for vicariously liable party child abuse claims is calculated by professionals considering the physical pain and suffering, the psychological impact and any loss of amenity caused by the abuse. In addition, professionals can consider frameworks such as the Judicial College Guidelines (JCG). This is a document which details different types of injuries whilst providing compensation brackets.
Additionally, compensation for claims made against a vicariously liable party can also compensate you for any financial losses caused by the abuse. These are called special damages which can typically include lost income, travel costs or private medical expenses.
Our table below shows some suggestive payouts for claims made against a vicariously liable party. Please, however, be aware that the top entry has not been taken from the JCG, and this table is no guarantee of compensation, but rather a guideline.
| Type of Harm | Severity | Compensation |
|---|---|---|
| Multiple Severe Forms Of Harm + Special Damages | Various Severe Forms of Harm + Lost income, home adaptations and professional care costs | Up to £250,000+ |
| Sexual or Physical Abuse | Severe (a) the injured person will have suffered severe abuse over a prolonged period and suffer psychiatric injury. | £109,830 to £183,050 |
| Moderately Severe (b) the injured person here will have suffered serious abuse and or serious psychiatric injury | £54,920 to £109,830 | |
| Moderate (c) less serious abuse and there is a less severe psychological reaction with fewer impacts on relationships | £25,100 to £54,920 | |
| Less Severe (d) abuse on the lower level of seriousness with mild psychological effects | £11,870 to £25,100 | |
| Psychiatric Harm | Severe (a) the following factors will impact the award, including whether the injured person has sought medical help, their prognosis and any future vulnerability | £66,920 to £141,240 |
| Post Traumatic Stress Disorder | Severe (a) permanent impacts which prevent the injured person from functioning near the pre-trauma level | £73,050 to £122,850 |
| Skeletal Injuries | Le Fort Fractures of Frontal Facial Bones | £29,060 to £44,840 |
| Arm Injuries | Simple Fractures of the Forearm | £8,060 to £23,430 |
| Scarring | Single Noticeable Scar Or Several Superficial Scars | £2,890 to £9,560 |
Compensation For Child Abuse From The CICA
When making a claim through the CICA, compensation is awarded in line with the fixed tariffs provided within the Criminal Injuries Compensation Scheme 2012. Moreover, if you are claiming for various injuries, the multiple injury formula would be applied to your case.
Under this formula, you can claim for 3 injuries, which you can receive:
- 100% of the full tariff value for the injury of the highest value
- 30% of the full tariff value for the second-highest value injury
- 15% of the full tariff value for the lowest value injury
Additionally, we must note that you could also be entitled to ‘other payments’. If you contracted an STI, lost a foetus or became pregnant following the abuse, you could be entitled to further payments. These aren’t subject to the formula above.
Our table below demonstrates some examples of payouts from the CICA in child abuse claims. Please be aware that the top entry is the highest award that the CICA will pay out.
| Injury | Severity | Tariff Amount |
|---|---|---|
| Multiple Serious Criminal Injuries + Special Expenses | Various Severe Criminal Injuries + Special Expenses such as specialist equipment, care costs or home adaptations | Up to £500,000 |
| Non-consensual penile penetration of anus, mouth or vagina | Resulting serious internal bodily injury with permanent severe disabling mental illness confirmed by a psychiatrist | £44,000 |
| Non-consensual penile penetration of anus, mouth or vagina | Resulting severe mental illness | £27,000 |
| Non-consensual penile penetration of anus, mouth or vagina | Resulting in serious internal bodily injuries | £22,000 |
| Sexual Assault | Pattern of repretitive severe abuse resulting severe internal bodily injuries | £22,000 |
| Damage to one or more tendon, ligament or cartilage | Severe damage to both arms causing continuing significant disability | £11,000 |
| Physical abuse of children | Persistent pattern of repetitive violence causing severe multiple injuries | £13,500 |
| Physical abuse of children | Persistent pattern of repetitive violence causing significant multiple injuries | £8,200 |
| Severe Abuse | Persistent pattern of violence resulting in moderate multiple injuries or minor disfigurement | £5,500 |
| Serious Abuse | Intermittent physical assaults such as burns, scalds but no appreciable disfigurement | £2,000 |
What Is The Process Of Bringing A Claim For Child Abuse?
A vital step in the process of bringing a child abuse claim is gathering evidence. This can be documents which demonstrate how the abuse happened, and detail your injuries. In civil child abuse claims this can include:
- Copies of police reports
- Personal diaries of injuries or accounts of the abuse
- Medical records including your GP record which can show us any prescriptions or diagnoses
- Contact details of anyone who might have witnessed the abuse
- Photographs of any visible injuries
If you are making a claim through the CICA, you will need:
- Your police crime reference number
- Proof that you meet the residency requirements to claim
- Financial documents such as wage slips to show any financial losses
- Medical evidence to assess the extent of your injuries, and show any treatments or medications
Is There A Time Limit To Claiming Child Abuse Compensation?
Yes, when making civil child abuse claims, you will generally have 3 years from the date of the abuse to start your claim. This limitation period is established under the Limitation Act 1980, which also provides two exceptions to these time limits.
For claimants who are under 18 at the time of the abuse, they will have 3 years following the date of their 18th birthday to start a claim. Additionally, those who lack the mental capacity to independently claim will have their limitation period suspended until a full recovery is made (if this is possible).
Most child abuse claims made through the CICA must be started within 2 years of the initial abuse. However, if we can show that you were prevented from starting a claim within the timeframe due to exceptional circumstances, exceptions can be granted. All claims are assessed by the CICA on a claim-by-claim basis.
In addition, when making historical sexual abuse claims, the time limits apply slightly differently. In the circumstance that a victim was under 18 at the time of the abuse, and the incident was reported to the police but no claim was pursued, you would have two years from your 18th birthday to start your claim.
In the situation where you were under 18 when the incident took place and the abuse was not reported, you would then have two years from the date of the police report to make a claim. In this case, you’d have to prove that exceptional circumstances prevented you from reporting the abuse earlier.
To learn about how the time limits would apply to your claim, please contact our advisors today.
How JF Law Can Help With Child Abuse Claims
Here at JF Law, our solicitors have specialist knowledge and experience to help you navigate the claims process. By placing clients at the heart of all they do, our solicitors will provide you with a personalised experience from start to finish. With a careful, sensitive approach, our solicitors have been able to assist our clients in securing compensation through child abuse claims.
Some of the services offered by our solicitors include:
- Simple explanations of complex legal processes and language
- Regular updates about the progress of your case
- A sensitive, professional approach
- Handling communications on your behalf to make the process seamless
- Making sure your claim is started within the time limit, and that you have a strong body of evidence
In addition to the services on offer, our solicitors at JF Law work on a No Win No Fee basis. This can be really helpful for clients because it would mean you’d have no upfront payments in solicitors’ fees for us to begin working on your case.
Additionally, you wouldn’t be faced with ongoing solicitors’ service costs while your case is progressing, and crucially, you’d have nothing to pay for the work of one of our solicitors if your claim were to fail.
Instead, a small percentage of your compensation would be deducted if the claim proves successful. This is our solicitor’s success fee, which is limited in accordance with the Conditional Fee Agreements Order 2013 to ensure that you receive the majority of your compensation.
To learn more about how a No Win No Fee claim could be beneficial to you, please get in touch with our advisors.
Contact Our No Win No Fee Solicitors
Speak with our advisory team by:
- Calling us on 0151 375 9916
- Contacting us online
Learn More
Why not read our other guides about:
- Some criminal injury claim frequently asked questions
- How to make a CICA claim for bodily scarring
- ABH compensation claims and how we can help
Helpful External Resources
- Government statistics on resolved CICA claims
- How to access mental health support from the NHS
- Contact the police
Thank you for reading our child abuse claims guide today.
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