How does a child abuse claim work?
Victims or survivors of child abuse which can be sexual, physical and/ or emotional may be entitled to compensation.
Compensation is the remedy in our legal system which has the objective of compensating for the harm caused by the abuse.
Not all victims are entitled in law to be compensated and so it is very important to understand your rights to justice.
The Victims Code says that victims must be advised of their rights to justice and that includes being given information about compensation.
There are four potential routes to obtaining compensation:
- Criminal Compensation orders: the court, when sentencing an offender must consider ordering them to pay compensation to the victim.
- Criminal Injuries Compensation Authority which administers the taxpayer funded criminal injuries compensation scheme which makes tariff-based payments to the victims of crime.
- Redress schemes which are bespoke to meet the needs of victims. There are currently such schemes in Northern Ireland and Scotland.
- Civil claims for compensation. This is where the victim brings their own claim for compensation against the perpetrator or those responsible for him/her for example any employer.
All four routes are very different and it is important that understand the differences.
Our expert and understanding solicitors will sit down with you to fully understand your situation and provide all the necessary details to you, before proceeding with the child abuse claim. They will carefully explain the steps to follow in an easy-to-understand manner and help you move forward with the claim in a swift and timely manner.
Civil claims for compensation are brought against the perpetrator or those responsible for them for example an employer. By was of an example if a school teacher sexually assaulted his pupils it is very likely his employer for example a local authority would be liable.
Employers are vicariously liable for their employees if the sexual abuse is closely connected with their employment as in the example of a teacher sexually assaulting a pupil.
The principle is wide ranging and can cover:
- Choirmaster sexually assaulting choirboys
- Youth leaders sexually assaulting members in a youth club
- Scout leaders sexually assaulting cubs
- Army cadets being sexually assaulted by their instructors
- Foster parents sexually assaulting children placed in their care
- Priests sexually assaulting altar boys
- Sports coach sexually abusing children that he was training
- Religious leaders sexually assaulting child members of their congregation
It is a common misunderstanding that the perpetrator has to be convicted before a claim can be made, but that is not so. Claims are often successfully made in the absence of a conviction.
Start your child abuse compensation claim with Hugh James today
Abuse can happen to anyone, unfortunately, and when it does, often a person’s first instinct is to bottle it up and never speak of it again. The worst part is, sometimes abusers tend to isolate their victims and make them feel as if the abuse was justified and it was something they “deserved”.
We’re here to tell you that child abuse is not acceptable and not something that anyone “deserves”. Seeking justice for crimes committed either against you as a child or a loved one can be an extremely daunting prospect to live with. But you don’t have to stay in the dark – we can help you every step of the way and advise on what the next steps are, without overwhelming you or making things more difficult for you than they already are.