Care homes are supposed to be institutions where children are cared for and reach their full potential. Unfortunately, there may be some cases where abuse in children’s care home claims could be made. These can be instances of sexual or physical abuse, which can leave both physical and mental scars.
If you’ve suffered from care home abuse, there are many avenues to seek action. If the perpetrator has been identified and has the means to pay compensation, you could claim directly against them. On the other hand, if the children’s care home has failed in its duty to safeguard the children, then a claim could be made against it on the basis of vicarious liability. However, if both these avenues are not feasible, you may be able to claim compensation through the Criminal Injuries Compensation Authority (CICA). The CICA compensate victims of violence in Great Britain.
We will discuss the process of making vicariously liable claims against the care home as well as the criminal injury compensation you could be awarded if you claim through the CICA. If you wish to make a sexual abuse claim, get in touch with our team now:
- Call on 0333 091 8597.
- Speak to an advisor through live chat.
- Contact us online.
Jump To A Section
- Who Can Claim For Sexual Abuse In Care Homes?
- What Are The Types Of Abuse That Might Occur
- How Much Care Home Sexual Abuse Compensation Could Be Awarded?
- What Will Be Needed To Prove Care Home Sexual Abuse Occurred?
- How Can Sexual Abuse Compensation Advice Help?
- More Information
Who Can Claim For Abuse In Children’s Care Homes?
If you or your loved one suffered abuse due to the negligent acts by the staff or management of a care home, you may be able to claim against the organisation directly. All children’s homes have a duty of care towards the children under their care.
Therefore, abuse in children’s care home claims may be made if:
- The care home had a duty of care towards you or your loved one.
- They breached this duty.
- Due to this breach, you or your loved one suffered from physical or sexual abuse.
We will now understand what exactly a duty of care means in the context of children’s care homes.
How Are The Children’s Care Homes Responsible?
A duty of care is a legal obligation on the care home to ensure the safety and well-being of the children in their custody. The Children Act 1989 lays down the responsibilities of local authorities towards the children under their care.
Additionally, the government has introduced the Children’s Homes (England) Regulations 2015, which focus on standards like:
- Quality in ensuring that the child’s basic needs are being met.
- Considering the children’s views, wishes and feelings.
- Ensuring that children achieve their educational potential.
- Supporting children to enjoy interests and hobbies.
- Meeting the children’s health needs.
- Taking steps to ensure the children’s safety, such as emergency protocols and rigorous staff vetting.
- Developing individualised growth maps for the well-being of each child.
- Efficient management and leadership practices to ensure the smooth running of the care home.
The Office for Standards in Education, Children’s Services and Skills (Ofsted) is a central authority which inspects schools and other educational institutions to ensure the safety and well-being of children. The criteria for inspection are:
- The overall environment and attitude in the institution.
- Management and leadership practices.
- Effectiveness of the educational programmes.
- Competence of the teachers and other staff.
There is also the Care Quality Commission (CQC), an independent body which inspects and regulates care homes.
How Long Do I Have To Claim For Abuse In A Care Home?
Generally, you have 3 years to start your abuse in a care home claim under the Limitation Act 1980. This time limit applies from the date of the abuse. However, this time limit may be paused if the claimants are:
- Minors: Since a minor cannot claim for themselves before the age of 18, the time limit freezes until then. They will have 3 years to start their claim once they turn 18.
- Having limited mental capacity: If the claimant doesn’t possess the mental capacity to start their claim, no time limit will apply to them until this capacity returns.
However, if these individuals wish to start their claim immediately, a trusted person could become a litigation friend.
Get in touch with our advisory team now for more information on how to claim for sexual abuse after reporting it years later.
What Are The Types Of Abuse That Might Occur
Some examples of the abuse in children’s care homes which may lead to claims are:
Physical Abuse
This includes instances of:
- Use of excessive force or rough handling.
- Unlawful restraint or wrongful confinement.
- Hitting
Sexual Abuse
Sexual abuse can be divided into the following categories:
Contact Abuse
- Rape or attempted rape.
- Sexual touching or fondling.
- Forcing or persuading a child to take part in sexual acts.
Non-Contact Abuse
- Exposing a child to sexual acts or pornography.
- Making sexual comments or grooming behaviour.
- Voyeurism (watching children undress, bathe, or sleep for sexual gratification).
For more examples of sexual abuse which you can claim for, get in touch with our team now.
How Much Care Home Sexual Abuse Compensation Could Be Awarded?
The compensation amount in abuse in children’s care home claims depends on various factors, such as the severity, duration and the instances of the abuse. Therefore, each claim is unique, and there is no fixed answer.
However, your solicitor will use the Judicial College guidelines (JCG) to calculate the potential compensation for your physical and mental pain and suffering. This part of your compensation comes under the head of general damages. The JCG provides approximate compensation ranges for different injuries based on their severity.
Our table below summarises some of the JCG figures which may be relevant for child sexual abuse claims, barring the first row entry. Please use this table only as guidance.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | There could multiple injuries due to physical or sexual abuse and medical expenses or other financial implications. | Up to £250,000+ |
| Sexual and/or Physical Abuse- Severe | The injured person has been exposed to serious abuse over a prolonged period of time along with severe/moderately severe psychiatric injury. The higher limit may be considered if the abuse impacts the individual's ability to work, study and engage in sexual or personal relationships. | £109,830 to £183,050 |
| Sexual and/or Physical Abuse- Moderately Severe | This bracket only has either prolonged serious abuse or prolonged severe psychiatric injury. The upper bracket may be considered for serious effects on professional and personal life and academics. | £54,920 to £109,830 |
| Sexual and/or Physical Abuse- Moderate | The abuse isn't as serious and prolonged and the psychological reaction also isn't as severe. There is less of an impact on the person's career, relationships and education. This bracket can also include cases of more serious abuse but with limited psychological reaction and there is either a good prognosis. | £25,100 to £54,920 |
| Sexual and/or Physical Abuse- Less Severe | The abuse is short-lived and the psychological reaction is less or resolved, or the prognosis for treatment is positive. | £11,870 to £25,100 |
| Arm Injuries- Subtsantial and Permanent Disablement | One or both the forearms are fractured and there is significant and permanent cosmetic or functional disability. | £47,810 to £73,050 |
| Facial Disfigurement - Less Severe Scarring | Substantial disfigurement with a significant psychological reaction. | £21,920 to £59,090 |
| Severe Leg Injuries- Severe (iv) Moderate | This bracket can include severe crush injuries or multiple fractures to a single limb. The award depends on how employment has been affected, extent and duration of treatment and scarring. | £33,880 to £47,840 |
| Skeletal Injuries - Jaw Fractures (ii) | A serious fracture with permanent consequences, such as difficulty opening the mouth. | £21,920 to £37,210 |
| Foot Injuries- Modest | This bracket includes puncture wounds, simple metatarsal fractures and torn ligaments. | Up to £16,770. |
How Can Compensation Help After Care Home Abuse?
A successful compensation claim may also include special damages or financial injuries, such as:
- Loss of income or earnings due to an inability to work.
- Medical expenses, including the cost of travelling to appointments.
- Physical aids, such as crutches and plasters.
- Professional care costs.
Call our team now for more assistance in calculating your potential payouts for abuse in a care home.
Who Can I Claim Against If The Care Home Is Not Liable?
As explained in the beginning, if the care home isn’t liable for the abuse and the perpetrator isn’t identifiable, you may be able to claim compensation through the CICA. The CICA is a government body that awards compensation for criminal injuries based on the Criminal Injuries Compensation Scheme 2012 (Scheme).
The eligibility for making abuse in children’s care home claims through the CICA is as follows:
- You suffered injuries in a violent crime, as defined in the Scheme. This definition includes sexual assault as well.
- The crime took place within Great Britain.
- You have reported the crime to the police.
Generally, the time limit for CICA claims is 2 years from the date when the crime was reported. However, there may be exceptions in cases, such as historical sexual assault.
Care Home Abuse Compensation Amounts Paid By The CICA
If your criminal injury claim is successful, you will receive compensation based on the tariffs given in the Scheme. The table below showcases some examples of the CICA payouts related to sexual abuse, except for the top entry. Please use this table only as guidance.
| Injury | Notes | Tariff |
|---|---|---|
| Multiple Severe Injuries and Special Expenses | This can include compensation for up to 3 injuries and a loss of earnings. | Up to £500,000 |
| Child Sexual Assault- penile penetration of one or more of the mouth/anus/vagina | This causes serious internal injuries. | £22,000 |
| Child Sexual Assault- Penile penetration of one or more of the mouth/anus/vagina | The victim is under 18 at the time of the incident and this is a single occurrence involving two or more perpetrators. | £13,500 |
| Child Sexual Assault-penile penetration of any one of the mouth/anus/vagina | There is one incident involving the penile penetration of either one of the mouth/anus/vagina by a single attacker. | £11,000 |
| Child sexual assault- serious and repetitive non-penetrative sexual acts under the clothing, | There is more than one incident or a pattern of non-penetrative sexual physical acts under the clothing. | £3,300 |
| Child sexual assault- serious non-penetrative sexual acts under the clothing, | There could be one incident of serious non-penetrative sexual physical acts under the clothing. | £2,000 |
| Child sexual assault- minor yet frequent sexual acts over clothing. | There may be more than one or a pattern of sexual acts over the clothing. | £1,500 |
| Child sexual assault- Minor sexual acts over the clothing | This bracket involves minor physical or sexual acts over the clothing. | £1,000 |
| Sexual Assault- oral genital or non-penile penetrative act- frequent incidents | There may be a repetition or frequency of incidents over a period of up to 3 years. | £6,600 |
| Sexual Assault- oral genital or non-penile penetrative act- severe | The abuse involves severe non-penile or oral genital penetrative act(s). | £3,300 |
The multiple injuries formula applies in case you have sustained more than one injury, based on the following division:
- 100% of the tariff value for the injury having the highest compensation amount.
- 30% of the tariff value for the second-highest or equal compensation amount.
- 15% of the tariff value for the third-highest or equal compensation amount.
While there is no compensation awarded for more than three injuries from the main tariff, an additional payment may be made if the incident resulted in a pregnancy or a sexually transmitted infection.
You may be able to receive special expenses (these are awarded for costs that are necessary, such as for specialist equipment, that arose directly because of the incident and cannot be obtained for free elsewhere) and loss of earnings (specific eligibility criteria apply).
For more information on calculating criminal injury compensation, call our advisory team now.
How Can Sexual Abuse Compensation Advice Help?
Whether you sue the care home or claim through the CICA, our solicitors can help in abuse in children’s care home claims through the following services:
- Explaining and simplifying complex legal terms.
- Providing information on therapists and organisations specialising in child sexual abuse.
- Preparing documents for the court if your claim goes to litigation.
- Calculating your potential care home compensation amount.
- Communicating with the care home and other official bodies involved.
- Providing regular updates on the progress of your abuse claim.
- Gathering evidence and ensuring that your claim is started on time.
- Helping to fill the CICA application or to draft the Letter of Claims, whichever is applicable.
Our solicitors can provide the above services through a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement where you don’t have to pay for your solicitor’s work:
- Upfront or in the beginning.
- While the claim progresses.
- If they lose your case.
In the event that your claim is successful, your solicitor will charge only a legally limited percentage of your compensation, or the success fee. The legal limit helps to ensure that you retain a substantial amount of your compensation.
Contact Our Advisors
Speak to our team now for more information on the services offered by our sexual assault solicitors:
- Call on 0333 091 8597.
- Speak to an advisor through live chat.
- Contact us online.
More Information
You may find some of our other guides informative:
- Information on claiming for foster care abuse.
- Details on getting help with sexual abuse.
- Our guide on making a claim for domestic sexual abuse.
We have also compiled some external links for your reference:
- Government resource on child adoption.
- NHS guidance on getting help for domestic violence and abuse.
- Information from the NSPCC regarding child abuse statistics.
Thank you for reading our guide on making abuse in children’s care home claims.
