We send our children to school to learn and develop their personalities. Unfortunately, if they suffer or witness any abuse in schools, it can cause them mental trauma and physical injuries. You can read our guide to learn how to sue the school and/or the perpetrator for physical and sexual abuse.
Important Points
- You may be able to sue the school if they failed to protect your child and they suffered from physical or sexual abuse.
- On the other hand, if it is established that the school wasn’t responsible, you could still seek criminal injury compensation.
- You may be able to include compensation for the injuries and the financial consequences.
- There is a time limit of 3 years to start a claim against a school and 2 years to apply for compensation through the Criminal Injury Compensation Authority (CICA).
- You can make a claim for abuse in schools, whether seeking compensation for yourself or your child, with the support of one of our No Win No Fee solicitors.
Find out if your sexual abuse claim can be made with the help of one of our solicitors now. Alternatively, an advisor can discuss claiming compensation for your child. To get in touch:
- Call 0333 091 8597.
- Contact us online.
- Message us on live chat.
Jump To A Section
- What Are Some Examples Of Abuse In Schools?
- Can I Make An Abuse Claim Against The School?
- How Much School Abuse Compensation Could I Get?
- What Are CICA Abuse At School Claims?
- What Is A School’s Responsibility For Ensuring Safety?
- How To Make A School Abuse Claim
- Why Choose To Get Help From SACA?
- More Information
What Are Some Examples Of Abuse In Schools?
Here are some examples of abuse in schools:
Abuse To Students
In schools, teachers are usually in a position of power compared to students. Therefore, a student may suffer abuse, such as:
- A young student fails to answer the question correctly. This results in the teacher hitting her hand with a cane, drawing blood and is an example of physical abuse.
- There is a teacher who passes flirtatious comments to students and shows them pornographic images. This is an instance of sexual abuse.
Abuse To Teachers
Unfortunately, teachers aren’t exempt from abuse in schools since they are employees and may suffer due to skewed power dynamics between them and their employer. Some examples include:
- A teacher is distressed since her colleague persistently calls her late at night and follows her home. He often makes sexual remarks and tries to get too close, even in school.
- There is a school principal who is known to call teachers into his office and verbally humiliate them. Not only that, he also pushes and slaps them around, leaving them with visible marks.
Have we missed out on any examples? Call our advisors now to discuss your child’s case.
Can I Make An Abuse Claim Against The School?
Yes, you may be able to claim against the school if the abuse occurred due to their negligent actions or omissions. A school is responsible for ensuring the safety of its pupils, teachers and visitors, which is known as a duty of care. We will explore this responsibility in greater detail in the subsequent sections.
If you wish to claim for abuse against a school, you need to show that:
- The school had a duty of care towards you (or your child), which means that you are either a student, teacher or visitor.
- They breached their duty of care towards your child.
- This breach resulted in your child suffering from any form of abuse within the school.
Speak to a member of our advisory team for more information on child sexual abuse claims. They can also assess whether you have a valid claim and help you if you are seeking compensation on behalf of your child.
How Much School Abuse Compensation Could I Get?
How much school abuse compensation that could be awarded is going to vary vastly between claimants. This is due to the different injuries and financial losses suffered by claimants.
If the claim for abuse against a school is successful, an award would be made under general damages for physical and mental abuse. This part of your compensation claim is calculated by using the Judicial College Guidelines (JCG). The JCG provides those responsible for valuing claims with guidance. It contains a list of different types of abuse, injuries and harms that a claimant could suffer with a suggested compensation amount.
The table below has some of the JCG figures which may be relevant to physical and sexual abuse in schools. However, the top row isn’t from the JCG and this table is only for guidance.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | There are multiple mental and physical injuries and loss of income or need for professional care. | Up to £200,000+ |
| PTSD- Severe (a) | The person is unable to work or function like before. | £73,050 to £122,850 |
| PTSD- Moderately Severe (b) | There may be some recovery with professional treatment but disabling effects will be there for a long time. | £28,250 to £73,050 |
| Serious Hand Injuries | There may be multiple fingers amputated leading to impaired grip or dexterity. | £35,390 to £75,550 |
| Severe Finger Fractures | There may be an impaired grip due to partial amputation. | Up to £44,840 |
| Back Injuries- Moderate (i) | There is a crush or compression factor, causing chronic discomfort and pain. | £33,880 to £47,320 |
| Moderate Ankle Injury | The fractures or ligament tears make it difficult to walk or cause heavy scarring. | £16,770 to £32,450 |
| Skeletal Injuries - Multiple Facial Fractures | There is some level of facial deformity, which is permanent in nature. | £18,180 to £29,220 |
| Severe Toe Injuries | There is a lot of pain, scarring and discomfort while walking. | £16,770 to £25,710 |
| Serious Shoulder Injuries | The shoulder is dislocated, leading to pain and loss of movement. | £15,580 to £23,430 |
If claiming for abuse in schools, it may be possible to include monetary hardships or special damages in your claim, such as:
- Loss of earnings.
- Professional care.
- Psychotherapy
- Medical costs and travel expenses.
Call our advisors now for more assistance on the compensation payouts you might receive.
What Are CICA Abuse At School Claims?
The Criminal Injuries Compensation Authority (CICA) is a government body established to award compensation for acts of violence within Britain. Under the CICA Scheme, there is a list of incidents which would qualify as crimes of violence, such as:
- Sexual abuse
- Bodily harm (actual or grievous)
- Assault
- Certain threats.
It may be possible that the school isn’t liable for the incident since they could not foresee it happening, or it happened despite their precautions. However, in addition to criminal proceedings against the perpetrator, you can seek criminal injury compensation, including on behalf of your child.
Therefore, to be able to make a CICA claim for abuse in schools for the physical and mental injuries due to the incident, subject to the following criteria:
- You have reported the incident of sexual or physical abuse to the police.
- The crime took place in Great Britain (or another relevant location, such as a vessel registered in Britain).
- An injury occurred due to a crime of violence.
- The claim has been initiated within the correct time limit.
CICA Abuse In Schools Scheme
If the CICA claim is successful, a payment will be made according to the tariffs found in the Criminal Injury Compensation Scheme 2012. If the claim is being made for multiple injuries due to the assault, compensation can be awarded for up to 3 injuries from the main tariff:
- 100% of the tariff for the highest valued injury.
- 30% of the tariff for the second-highest valued injury.
- 15% of the tariff for the third-highest valued injury.
The table below contains some figures taken from the Scheme, barring the top row. Please use this only for guidance.
| Injury | Notes | Tariff Amount |
|---|---|---|
| Multiple Serious Injuries and Special Expenses | The CICA can compensate for up to 3 injuries plus special expenses and loss of earnings. | Up to £500,000 |
| Child Sexual assault- penile pentration of either one or more anus/vagina/mouth | This results in serious internal injuries. | £22,000 |
| Child Sexual assault- penile pentration of either one or more anus/vagina/mouth | There is penetration by the penis in at least one of the mouth/anus/vagina in one incident. | £11,000 |
| Child Sexual assault- one or more non-penile penetration or oral genital act | There is one incident. | £3,300 |
| Ankle Fracture/Dislocation | Fractures in both ankles result in a continuing and significant disability. | £16,500 |
| Severe and persistent abuse- multiple significant injuries | There are many severe injuries. | £13,500 |
| Hip Fracture/Dislocation | One hip is fractured or dislocated and this causes a continuing significant disability. | £11,000 |
| Torso Burns | Severe | £11,000 |
| Nose | Total loss of smell or taste. | £11,000 |
An additional payment can be made if the incident resulted in a sexually transmitted infection, or if the victim became pregnant from the assault, or if the victim lost a pregnancy. Additionally, some financial losses or special expenses can be recovered, such as:
- Physical aids damaged in the incident, such as hearing aids.
- Adaptations to your home to help improve any independence lost due to the incident.
- Care costs for bodily functions or meal preparation.
- Loss of earnings, subject to certain conditions.
Please contact a member of our team for further assistance in calculating criminal injury compensation.
What Is A School’s Responsibility For Ensuring Safety?
All schools must follow the government guidance provided in Working Together To Safeguard Children. Schools are supposed to have a Behaviour Policy in place to handle the issue of bullying. Furthermore, they must mandate a Disclosure and Barring Service (DBS) check for all professionals who will be working in close proximity to children.
Under the government guidance, Relationships and Sex Education (RSE) and Health Education, schools are supposed to introduce programmes on:
- Consent and respectful behaviour.
- Self-esteem and body image.
- Sexual violence and harassment.
- Equality and stereotypes.
The guidance Keeping Children Safe In Education, sexual violence and harassment committed by children have been addressed. The school must:
- Take all reports of sexual harassment seriously and avoid minimising any behaviours.
- For less serious incidents, schools must conduct independent investigations and punish the perpetrator.
- If the case is more serious, the school needs to work with external professionals, such as the police.
- Conduct assessments to determine whether there is any risk to the child who has reported the incident.
- Make the child reporting the incident feel supported while considering the needs of the child perpetrating the act.
Call our advisors now for a free consultation on the eligibility for the claim for abuse in schools.
How To Make A School Abuse Claim
If you wish to make a claim for abuse in schools, collecting evidence and knowing the time limit is of utmost importance.
The following evidence would help in substantiating a claim against a school:
- Medical records, such as prescriptions, ultrasound scans and psychiatric reports.
- Photographs of injuries, if possible.
- Police report details, especially the reference number to prove that you’ve reported the incident.
- Communication records of threatening messages, if any.
- Witness statements from classmates or teachers.
- CCTV footage.
Generally, you have 3 years to start a claim under the Limitation Act 1980 if suing the school for their breach of duty. This time limit is calculated from the date of the incident. However, this time limit may be paused if your child has not yet turned 18 or if they lack the mental capacity to claim compensation.
Rather than waiting for the time limit to apply, you or another trusted person could start the claim for your child by becoming a litigation friend. Your child also has the option to claim for historical abuse after turning 18.
Claiming Through The CICA
When making an abuse in schools claim through the CICA, different time limits apply. Furthermore, they will only request:
- The crime reference number (they will contact the police for proof of the incident and any evidence they require).
- Proof that you meet the residency requirements.
- Medical evidence.
While the claim is being processed, they may contact you for any additional information that they need to ensure that the compensation reflects the injuries.
Typically, an adult has 2 years in which to make a claim in this manner. This runs from the date of the incident. If you did not report an incident right away, the CICA may accept the date of the police report; however, you will need an exceptional reason as to why it took so long to notify authorities.
A child will have 2 years from the date of their 18th birthday to make a claim if the incident was reported to the police at the time. However, a parent or guardian can make a CICA claim on their behalf at any point prior to their 18th birthday. If a police report was not made at the time of the incident and the harmed person turns 18 and would like to claim, they will need to report the crime of violence as soon as possible and then make the claim.
Speak to our advisors for more information on the time limits and evidence involved in sexual abuse claims. They can also assess the claim and advise on the best way in which to bring it forward.
Why Choose To Get Help From SACA?
Reporting abuse in schools can be very challenging and traumatising. However, our sexual abuse solicitors offer the following services to make your work easier:
- Simplifying complicated legal language.
- Referring you to sexual assault and mental health charities and support groups.
- Arranging a medical examination with an empathetic professional, at a time and place of your choice.
- Offering a patient ear to your troubles after the assault.
- Collecting evidence in support of your claim.
- Calculating the compensation you deserve.
- Communicating with parties like the school or the police on your behalf.
- Helping you to negotiate a fair settlement.
You might be thinking that the process of claiming compensation would be expensive. However, if our advisors assess your claim to be eligible, they will put you in contact with one of our No Win No Fee solicitors. These solicitors offer their services under a Conditional Fee Agreement (CFA), which means that you won’t pay for their work upfront or if you lose your claim.
You will be charged only a success fee out of your compensation amount. There is a legal limit on the percentage that can be deducted to make sure that you don’t lose out on your compensation.
Contact Our Team Of Advisors
Get in touch to know more about No Win No Fee services:
- Call 0333 091 8597.
- Contact us online.
- Message us on live chat.
More Information
Thank you for reading our guide on abuse in schools. Here are some of our other guides:
- Our guide on the long-term impact of sexual abuse.
- Information on the examples of sexual abuse.
- Details on claiming for sexual assault at work.
You can also go through these external links:
- NHS guidance on seeking urgent mental health services.
- Information from the NHS on requesting medical records.
- Advice from Rape Crisis about reporting sexual abuse.
