We trust care homes to look after the elderly and treat them with the dignity they deserve. When this trust is broken, it can be heartbreaking for the impacted person and their loved ones. Therefore, abuse in elderly care home claims can help to bring closure and allow those affected to focus on moving forward.
Important Takeaways
- Care homes must uphold certain standards to ensure the protection of residents.
- Sexual abuse claims can be made by those affected or their loved ones
- A compensation payout will be assessed based on the type and severity of harm suffered
- Certain expenses associated with the injuries and recovery can also be compensated
- If it is not possible to claim compensation from the care home, you can claim through the Criminal Injuries Compensation Authority
You can contact a member of the Sexual Abuse Compensation Advice enquiries team to ask about making a claim. They can answer any questions you may have about the process and potentially connect you to one of our No Win No Fee solicitors. If you’re not certain about starting a claim at this time, don’t worry. There is no pressure to proceed if you are simply looking for further information.
- Submit an online enquiry form
- Use the live chat pop-up on this webpage.
- Call us on 0333 091 8597
Jump To A Section
- Who Can Claim For Abuse In Elderly Care Homes?
- What Abuse Could Occur In An Elderly Care Home?
- What Elderly Care Home Compensation Might Be Awarded?
- Can Claims Still Be Made If The Care Home Isn’t Responsible For The Abuse?
- How Sexual Abuse Compensation Advice Can Help Your Claim
- More Information
Who Can Claim For Abuse In Elderly Care Homes?
If you or your loved one has experienced abuse in a care home, you could make a claim if it can be proven the resident suffered harm due to the negligent actions or inactions of the care home.
Essentially the eligibility criteria to claim is as follows:
- A care home owed a duty of care to you/your loved one
- The care home failed to uphold said duty
- This meant that abuse occurred
All care homes owe a duty of care to their residents. This means that they should take measures to protect the well-being of those in their care. This includes ensuring the premises is safe, appropriately training staff and taking any complaints made seriously.
If you are seeking to claim on behalf of a loved one, your role will be referred to as a litigation friend. This means that you will need to make decisions that represent the best interests of the impacted person. Where possible, you must also try to get an idea of their wishes for the case.
Do not worry if you’re not sure about the eligibility criteria we have listed for abuse in elderly care home claims. Our advisors can provide you with a free initial consultation and explain whether you qualify to take the next steps. They can also further outline the responsibilities of a litigation friend for you.
What Abuse Could Occur In An Elderly Care Home?
Many different incidents are covered under abuse in elderly care home claims. Keep reading this section for some typical examples based on physical and sexual forms of abuse.
Physical Abuse Against Residents
Examples of physical abuse against care home residents include:
- The use of excessive force
- Rough handling or inappropriate restraining
- Scalding or burning
- Punching or hitting
- Withholding food or force-feeding
- Purposefully causing discomfort
Sexual Abuse Against Resident
Examples of sexual abuse you could claim for include:
Contact Abuse
- Rape or attempted rape.
- Sexual touching or fondling.
- Forcing or persuading someone to take part in sexual acts.
Non-Contact Abuse
- Exposing a person to sexual acts or pornography.
- Making sexual comments.
- Voyeurism (watching someone undress, bathe, or sleep for sexual gratification).
If you’re unsure about the different types of abuse you could claim compensation for, please speak to an advisor at your earliest convenience.
What Elderly Care Home Compensation Might Be Awarded?
The compensation awarded under abuse in elderly care home claims can be divided into 2 heads of claim. The first of these is general damages. This refers to the compensation for the pain and suffering you or your loved one has experienced.
General damages can cover both physical and mental effects, as it is common to experience conditions such as Post-Traumatic Stress Disorder (PTSD) and depression after abuse. If the harm they have experienced is likely to affect them in future, this can also be taken into account when compensation is being assessed.
Legal professionals can read the Judicial College Guidelines (JCG) when determining general damages. This document gives compensation guideline brackets that are based on different types and severities of injuries. We have included some relevant examples from the JCG in the table below.
Please note when reading these figures that they are not a guarantee of your potential compensation payout. General guideline figures cannot reflect the unique aspects of your claim, as each case is unique.
You may wish to contact one of our advisors, as they can perform a free case assessment for you. By discussing the case with them directly, they can give you a tailored estimate of what the compensation could cover. This is also a great opportunity to raise any queries you may have about the assessment of compensation or the legal process in general.
Please note that the 1st figure was not taken from the JCG.
| Type of harm | Severity | Compensation Guideline Bracket | Notes |
|---|---|---|---|
| Multiple injuries and the associated financial costs | Severe | Up to £500,000+ | Multiple types of harm with financial impact, such as medical expenses |
| Sexual and/or physical abuse | Severe | £109,830 to £183,050 | This bracket may apply to those who have suffered serious abuse over a prolonged period of time with a persistent psychiatric injury that is moderately severe or severe in nature. |
| Moderately severe | £54,920 to £109,830 | Those affected will have experienced severe or moderately severe psychological harm and/or serious abuse. The abuse does not need to cover all of these factors, but one may apply to their situation. | |
| Moderate | £25,100 to £54,920 | The abuse will have been less serious and prolonged with a less severe psychological reaction. There will be fewer effects on the person's work, relationships and education | |
| Less severe | £11,870 to £25,100 | The abuse is less serious and more short-lived. The psychological impact will be mild as resolved quickly, or the prognosis with treatment will be very good | |
| Post-Traumatic Stress Disorder (PTSD) | Severe | £73,050 to £122,850 | The disorder will have a permanent impact, preventing the person from working or functioning as they did prior to trauma |
| Moderately severe | £28,250 to £73,050 | Compared with severe cases, there will be a better prognosis. This means that some level of recovery will come with professional help, though it is likely that they will experience significant disability for the foreseeable future | |
| Psychiatric damage generally | Severe | £66,920 to £141,240 | Factors that are considered include the impact on the person's relationships, their prognosis and the ability to cope with life. In severe cases, the claimant will experience issues with these factors and have a poor prognosis |
| Moderately Severe | £23,270 to £66,920 | There will be significant issues associated with the factors mentioned in the severe bracket. However, the prognosis will be considerably more optimistic |
Special Damages In Elderly Care Home Abuse Claims
Special damages may also be awarded in elderly care home abuse claims. This is the other head of claim, which allows for the recovery of costs often associated with abuse injuries.
It is important to note that you must be able to prove these costs in order to reclaim them. You could do this by providing bank statements or receipts.
Examples of what special damages can cover include:
- Medical treatment costs
- Travel expenses accumulated when travelling for medical appointments
- The cost of adjusting the home (for example, you may need a stair lift to be installed)
- Lost income due to time taken off work
- Payments for professional care (you may seek an alternative care provider if you no longer trust the care home where the abuse occurred)
Speak with our compassionate advisors today to further understand how compensation is valued.
Can Claims Still Be Made If The Care Home Isn’t Responsible For The Abuse?
Yes, there is another route for abuse in elderly care home claims when the care home is not responsible. The Criminal Injuries Compensation Authority (CICA) is the government body that pays compensation to victims of violent crime when it is not possible to claim against the perpetrator or a vicariously liable party, such as the care home.
In order the claim through the CICA, the affected party must have:
- Suffered harm due to a violent crime, such as physical or sexual assault
- Reported the crime to the police
- Experienced the crime in England, Wales, Scotland or another relevant place
The CICA generally give you 2 years to make an abuse claim, starting from the date on which the crime was reported. However, there are exceptions to this limitation period. Please speak to our advisors for further details about these exceptions and how to claim through the CICA.
Abuse In Elderly Care Home Compensation From The CICA
CICA compensation for abuse in elderly care home claims is based on the tariffs provided by the Criminal Injuries Compensation Scheme 2012. These are not guideline figures, as discussed previously in relation to the JCG. Rather, they are fixed tariffs determined by the severity of the incident and the resulting harm. Read the table below for some examples of CICA payouts.
The figure in the first row is the maximum the CICA will pay in any type of claim made through them.
| Type of Harm | Notes | Compensation Tariff |
|---|---|---|
| Multiple forms of severe harm with special expenses | Compensation covering up to 3 injuries and the associated costs, such as payments for mobility aids | Up to £500,000 |
| Non-consensual penile penetration of one or more of mouth, anus or vagina | Internal bodily injury with severe mental illness which has been confirmed by psychiatric prognosis | £44,000 |
| A pattern of repetitive incidents by one or more attackers over a period of 3 years or more | £22,000 | |
| Sexual assault | Resulting in mental illness that is permanently disabling and severe | £27,000 |
| Resulting in mental illness that is permanently disabling and moderate | £22,000 | |
| Resulting in internal bodily injuries that are serious | £22,000 | |
| Physical abuse | Severe- persistent pattern of abuse lasting more than 3 years | £8,200 |
| A pattern of repeated violence causing minor disfigurement | £5,500 | |
| Serious- intermittent physical assaults leading to accumulated healed wounds, scalds or burns (though there is no appreciable disfigurement) | £2,000 |
Contact our advisors today to learn more about abuse in elderly care home claims made through the CICA.
How Sexual Abuse Compensation Advice Can Help Your Claim
Our sexual assault solicitors help with abuse in elderly care home claims on a No Win No Fee basis. This is an excellent way to access legal representation. By signing a Conditional Fee Agreement (CFA), you confirm that there is no need to pay for your solicitor’s work:
- Before the beginning of the claim
- While the elder abuse claim is underway
- If compensation is not awarded following an unsuccessful claim
On the condition that you do receive compensation, you will need to pay a success fee. This is the percentage of the compensation that you give to your legal representative. There is a legal cap in place, ensuring that you keep the largest share of the total.
There are numerous benefits to working with one of our solicitors, which include:
- Help when collecting your evidence
- Regular updates and advice throughout the process
- Strong negotiation skills used when discussing how much compensation is owed
- Handling correspondence with the CICA or the defending party on your behalf
Contact Our Team Of Advisors
You can contact our advisors 24/7 if you have any queries about abuse in elderly care home claims. They may let you know whether you are eligible to proceed and provide you with a tailored compensation estimate.
Once you have more information, you may wish to make a claim with one of our solicitors. Although our advisors can facilitate this, all advice is provided without any strings attached, so feel free to make a general enquiry:
- Submit an online enquiry form.
- Use the live chat pop-up on this webpage.
- Call us on 0333 091 8597
More Information
Read our other abuse claim guides below:
- Guidance on abuse in children’s care home claims.
- PTSD sexual abuse claims guide.
- Learn how to claim for foster care abuse.
External links
- Learn about the abuse and neglect of adults at risk, as provided by the NHS
- Read statistics on crimes experienced by care home residents (taken from the Office for National Statistics)
- Visit the Social Care Institute for Excellence’s (SCIE) statement on safety and safeguarding in the care home.
Thank you for reading our guide on abuse in elderly care home claims.
