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Historic abuse: What it is and what you can do about it

‘Historic abuse’ is a term often used to describe something that occurred to a person when he/she was under 18. It may have happened either once or a couple of times, and it could have been a year ago or even 20 or more years ago. It’s essentially “historic” or “historical” abuse. It is a term we do not use because we know from what survivors tell us that the abuse they endured does not fee l “historic”, but we understand why it is used, and so its important that we recognise that.

Abuse, whether sexual, psychological, or physical, can have serious long-term ramifications, especially in terms of wellbeing and mental health. Sometimes, adults register or acknowledge many years later that what happened to them was, in fact, abuse, and that’s when it starts to take a toll on their health and wellbeing, as well as that of their loved ones.

There is hope. You are not alone. Survivors may be legally entitled to receiving compensation for the episodes of abuse in the past, and as expert historic abuse solicitors, we’re here to help you at each step, as well as provide the legal advice you need to get that compensation.

We are no strangers to the effects of historic abuse, how it can change a person, and how difficult it can be to recall past events, let alone talk about them. While we fully understand that revealing what happened to you can be a daunting experience, we assure you that by bringing it out in the open in private with our friendly and trained solicitors, you can get the help you need – and in the most comforting and non-intrusive way possible.

Our services

If you’ve experienced historical abuse and are considering seeking compensation or support, you have every right to make a claim for damages, and we’re here to advise and support you through the legal process.

Begin your abuse compensation claim with Hugh James

With a abuse claim, there are many things you can claim for. For example, general damages such as the abuse you endured and the pain as well as suffering it caused you. You may also claim for expenses you incurred due to the abuse; for example, medical expenses for therapy, travel expenses, loss of earnings due to the psychological trauma, etc.

We understand that winning a abuse claim may not get you your previous life back or undo the suffering you patiently ensured – however, the financial gains can certainly help you rebuild your life and help you move forward in life with more confidence and financial security.

We’re here to guide you through the abuse compensation claim and provide you with all the support you need, both during and after the claim.

How we can help with sexual abuse claims

The abuse team have the breadth of experience to provide a holistic approach to the case you wish to bring. That means looking to the future as well as the past to establish what you need to obtain realizable justice.

We appreciate that compensation may mean accessing the services and opportunities you need to rebuild your life. This is why a holistic approach is necessary. We need to understand you so that we can do the best for you.

Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. One of our team can offer you a free consultation to give you advice on making a claim. They can meet you at home, in our office, or any location you choose – or we can talk on the phone if you prefer.

Please don’t feel worried or embarrassed discussing your claim with one of us. We’ll deal with your case with great care and attention, and completely confidentially, to help you achieve the justice you deserve.

Our expertise in abuse claims

Partner, Alan Collins, leads our team of sexual abuse solicitors. Alan has helped many people who’ve suffered abuse with compensation claims and is one of the best-known solicitors in abuse litigation. Alan has acted in many high-profile cases, including the Jimmy Savile and Max Clifford abuse scandals. Alan represents clients in the UK and internationally and has worked on sexual abuse claims all over the world, including in Australia, Uganda, Kenya, and California.

Danielle Vincent specialises in sexual harassment claims. She also works with clients who have been abused during NHS examinations, teacher abuse and much more. She has significant experience of claims against local authorities for failure of social services and foster abuse/children’s home abuse.

How we act for our clients?

We provide a confidential, tailored one-on-one service.

We listen; we do not simply hear. We let you select how best to tell us your story when you are ready.

We provide honest and transparent advice. Sometimes, we must tell you a claim is impossible, but you need to know. You have the right to understand your options.

We work for you and will only do what you want us to. We support, we do not pressure.

We are friendly, respectful, honest and confidential. If you bring a claim with us, you are at its centre, and we will advise you and aid you all the way. We will ensure that your identity is kept anonymous.

Key contact

Alan Collins

Partner

Alan Collins is one of the best known and most experienced solicitors in the field of child abuse litigation and has acted in many high profile cases, including the Jimmy Savile and Haut de la Garenne abuse scandals. Alan has represented interested parties before public inquiries including the Independent Jersey Care Inquiry, and IICSA (Independent Inquiry into Child Sexual Abuse).

Internationally, Alan works in Australia, South East Asia, Uganda, Kenya, and California representing clients in high profile sexual abuse cases. Alan also spoke at the Third Regional Workshop on Justice for Children in East Asia and the Pacific in Bangkok hosted by Unicef and HCCH (Hague Conference on Private International Law).

Thank you so much for fighting so hard for my family and me. We were truly broken when we first met you. The injustice that we had suffered was indescribable. When we thought the answer was no, you did not give up. You taught us all to stand up, fight and take back our self-respect. Words can never describe how grateful I am.

Client

I hope that my testimonial helps to encourage other silent victim’s to come forward because I know there must be many who aren’t aware there is help/advice. Hugh James can help them prepare any details they can remember of the abuse they suffered then present their case to the NIHIA who will make their judgement. This could result in compensation being awarded which is rightfully theirs, but most importantly they would not need to stand up in a court of law to face their abuser’s. Thank you all at Hugh James for everything you did for me.

Robert Whiteside

For anybody that has gone through what I went through, and if they are worried about speaking to solicitors, Alan and the team are the ones to go to.
I had the choice of a male or female solicitor to talk to and they approached everything the right way.
Alan was very private and had to be very careful how he contacted me. Even my family was unaware. I couldn’t receive an email or a telephone call unless I knew it was coming. Together Alan and I came up with a plan and he stuck to it.

Robert Whiteside

From the word ‘go’ Alan was the perfect type of solicitor to handle my case. The team at Hugh James was really professional whilst at the same time really easy to talk to.
Alan kept me updated all the time. I honestly believe if I had got the wrong solicitor I might not have gone through with it, because I had never spoken to anyone about it. Alan just knew how to put me at ease. He knew what he was talking about and that helps a lot.

Robert Whiteside

Alan Collins is a star – he has the expertise, ferocity and sensitivity that is particularly required for sex abuse claims.

The Legal 500

They have real expertise in child abuse claims and other civil damages/human rights act damages claims.

The Legal 500

Case study

Abuse suffered in a children’s home

We recently represented a client who only disclosed her abuse she suffered in a children’s home after finding a book by another survivor disclosing their experience. This encouraged our client to disclose the abuse she had suffered at a children’s home in the 1970’s for the first time.

Our client had been placed by a local authority into a large children’s home, which were common placements for children in the 1960’s -1970’s who were removed from their families.

The claim was made substantially out of time for limitation (almost 40 years) with no conviction against our client’s abusers. Due to the passage of time, our client could not recall all of her abuser’s names.

Another hurdle that we faced was that our client’s records were no longer available, other than dates on entry into the home.

A financial settlement was reached with the local authority prior to issue of court proceedings. This provided our client with some closure that there was recognition for the abuse she suffered and after many decades of worry she would not be believed, she was.

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Your questions answered

Sexual abuse includes any form of unwanted touching, as well as name calling or internet contact, or using sex as a way of causing pain or humiliation. It can be a one-off occurrence or carry on over a period of time. It might have happened earlier in your life or still be happening now. If you have suffered sexual abuse, or you suspect someone else is being sexually abused, you should report it to the police, even if it was a long time ago.

In England and Wales, you have the right to remain anonymous throughout the prosecution and compensation process. If your case looks like going to court, you’ll still have a chance to reconsider. If you want, we can arrange for you to give evidence by video link. However, it’s worth noting most sexual abuse claims are settled out of court.

Yes, you can still apply for compensation under the government’s criminal injuries compensation scheme. When we advise you initially, we can tell you whether this would be relevant to your case.

Institutions such as hospitals, care homes, schools and the church have a duty of care to make sure you are protected.

If you were sexually abused by someone in a leadership role it is likely that the organisation would be liable but each case is different and so we have to examine the evidence very carefully to ensure that there is a liability.

It may be that the case has to be brought against the individual abuser, but much will depend on the evidence and circumstances of the sexual abuse. If there has been a conviction against the individual, that is likely to assist the case. In the absence of a conviction, we have to look for evidence that supports the case because we have to prove the allegations. Not all cases go to court many are resolved or settled, but we always have to be mindful that we have to prove the allegations, and that is where our expertise comes in.

Many institutions are insured and so the claim may be handled on its behalf by the insurers. This will depend very much on the circumstances of your case.

The time limit for making a compensation claim is usually two years from the date the abuse took place. However, as these compensation claims are often sensitive, these times limits can often be extended, especially if there has been a recent police or other investigation. We can advise you on this.

There are different time limits, or limitation periods, for bringing a claim for compensation for sexual abuse suffered in childhood. Ordinarily, the time limit is three years from the survivor’s 18th birthday; so the claim should be brought before they reach the age of 21. Many if not the majority of claims are brought outside this time limit.

If the survivor is outside of the time limit for bringing a claim, it is possible to ask the court to waive the time limit or to extend it. Each request to waive the time limit is decided on a case-by-case basis. However, the courts are fully aware of the difficulties that survivors of sexual abuse have in disclosing abuse due to the trauma they suffered.

We can represent you on a no win, no fee basis, so there’s no worry about having to pay. We’ll explain in detail how it works.

We’ll do only what you ask us to do – you’re always in control and can stop the process at any point.

Next steps

We’re here to get things moving. Drop a message to one of our experts and we’ll get straight back to you.

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