This guide explains the school abuse claims process. When abuse occurs in a school, it can cause the victim physical and psychological harm, for which they could be eligible to receive compensation.
School abuse claims guide
If the school breached their duty of care to keep the students safe, it could be considered liable for the harm caused. If the school did everything possible to keep the children safe, but a crime of violence occurred anyway, then you might still be able to claim. However, the method of doing so will differ.
Read on to learn about the different ways you can claim compensation for injuries sustained as a result of abuse and how much compensation could be awarded. We will also explain historical abuse and the evidence you may require to claim for this.
Our team of advisors are experienced in handling claims of a sensitive nature. Therefore, please don’t hesitate to contact us with any enquiries. We offer free, confidential advice at a time convenient for you.
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Choose A Section
- What Are Sexual School Abuse Claims?
- How Much Can I Claim For Sexual Abuse Claims?
- Is There A Time Limit To Make A Sexual Abuse Compensation Claim?
- What Evidence Could Help Me In Sexual School Abuse Claims?
- No Win No Fee Solicitors – Why Use Them?
- Learn More About Sexual School Abuse Claims
What Are Sexual School Abuse Claims?
There are generally three different ways to claim compensation for criminal injuries:
- Firstly, you can claim against the person who committed the crime directly. This requires you to know the person’s identity, and they must have the available finances to pay the compensation amount.
- Secondly, you can claim against a vicariously liable party if there was negligence on their part that contributed to the criminal act of violence. For example, if a school did not carry out a required DBS check when hiring a teacher, which would have shown a history of similar offences, they have breached their duty of care. In this case, you might be able to claim compensation from the school.
- Finally, if you cannot claim against the perpetrator or a vicariously liable party, you could be eligible to claim through the Criminal Injuries Compensation Authority (CICA). This authority manages a government scheme to compensate people harmed by crimes of violence in Great Britain.
A school’s duty of care to safeguard pupils is outlined in Section 175 of the Education Act 2002. The educational functions and maintenance of a school should promote the safety and welfare of children.
Read on to learn what evidence may be required for a successful claim and the potential compensation that could be awarded for different injuries relating to school abuse claims.
How Much Can I Claim For Sexual Abuse Claims?
There are two possible types of compensation awarded for criminal injury claims. Firstly, there is the potential to claim reimbursement for financial losses, which we will discuss in the next section. You can also receive a payment for the physical and psychological pain and suffering caused by the crime of violence.
When you claim sexual abuse compensation from the school or perpetrator directly, it is useful to look at the Judicial College Guidelines (JCG), produced in April 2022, as it provides previously awarded compensation amounts for different physical and psychological injuries. Therefore, legal professionals use these figures to help them value settlements. We have referred to this document to produce the table below. Please consider the figures as a guide.
| Injury | Details | Compensation Bracket | |||
|---|---|---|---|---|---|
| Severe Sexual and/or Physical Abuse (a) | The person will have suffered a severe and prolonged psychological injury and/or serious abuse. | £45,000 to £120,000 | |||
| Moderate Sexual and/or Physical Abuse (b) | The person will suffer a less severe psychological reaction than in the above bracket due to less serious abuse. | £20,570 to £45,000 | |||
| Less Severe Sexual and/or Physical Abuse (c) | The person will suffer mild or quickly resolved psychological effects due to a lower level of abuse that was short-lived. | £9,730 to £20,570 |
On the other hand, when claiming through the CICA, we can use the tariff of injuries which illustrates compensation amounts. The table below shows how much compensation you could receive from the CICA for different injuries.
| Injury (relating to a person under the age of 18) | Details | Compensation Amounts |
|---|---|---|
| Penile penetration of one or more of vagina, anus or mouth without consent | The victim will have been caused serious internal physical injury with permanent severe mental illness confirmed by psychiatric diagnosis. | £44,000 |
| Penile penetration of one or more of vagina, anus or mouth without consent | The victim will have been caused serious physical internal injuries. | £22,000 |
| Penile penetration of one or more of vagina, anus or mouth without consent | There will have been repeated incidents over 3 years or more. | £22,000 |
| Penile penetration of one or more of vagina, anus or mouth without consent | One incident. | £11,000 |
| Sexual assault | The victim will have suffered non-penile penetrative or oral genital acts one or more times resulting in severe mental illness. | £27,000 |
| Sexual assault | The victim will have suffered non-penile penetrative or oral genital acts one or more times resulting in moderate mental illness. | £22,000 |
| Sexual assault | The victim will have suffered non-penile penetrative or oral genital acts one or more times resulting in serious internal bodily injuries. | £22,000 |
| Sexual assault | The victim will have suffered one incident of one or more non-penile penetrative or oral genital acts. | £3,300 |
| Sexual assault | A serious pattern of repetitive non-penetrative sexual physical acts under clothing. | £3,300 |
| Sexual assault | A minor incident of non-penetrative sexual physical acts over clothing. | £1,000 |
The CICA can provide compensation for up to three injuries. This affects the amount awarded as follows:
- 100% of the tariff amount for the highest value.
- 30% of the tariff amount for the injury with an equal or second highest value.
- 15% of the tariff amount for the injury with an equal or third highest value.
What Other Losses Could You Claim In Sexual School Abuse Claims?
When claiming against the school, the perpetrator or through the CICA, you might also be eligible to claim compensation for some financial losses.
The costs you can recover will differ depending on the channel through which you’re claiming, however. Please contact a member of our team to find out more.
Is There A Time Limit To Make A Sexual Abuse Compensation Claim?
If you claim against the school for negligence or against the perpetrator directly, you generally have 3 years to begin making a claim. This time limit starts from the date of the incident or the date you linked your injuries to negligence.
However, if you are claiming through the CICA, you generally have two years from when the incident was reported to the police, as you are expected to do this right away unless exceptional circumstances prevent you from doing so.
However, if you can show that you weren’t able to make a claim within 2 years of reporting, then you may still be able to claim, provided you can show that extenuating circumstances prevented this.
Please contact our advisors to enquire further about time limits for beginning school abuse claims.
Are There Exceptions To The Time Limit To Receiving Compensation For Sexual Abuse?
There are exceptions to the time limits applicable to school abuse claims. If the victim of abuse is under eighteen or is an adult who lacks the mental capacity to make a claim, it could be possible for someone else to claim on their behalf.
The process of claiming on behalf of someone else can vary depending on the method through which you’re claiming. Please contact a member of our team for more information.
What Evidence Could Help Me In Sexual School Abuse Claims?
If you make a criminal injury claim through the CICA, you may be asked to provide the following evidence:
- Proof of residency, showing you meet the requirements.
- Your crime reference number, showing that you reported the crime to the police.
- Medical evidence and evidence of financial losses you’re looking to claim
The CICA can also request supporting evidence from the police. This could include details of whether you have a criminal record and if you have cooperated during the investigation.
However, if you are making a claim against the vicariously liable party or the perpetrator directly, you may need to provide proof of the incident, such as:
- Photographic evidence
- CCTV footage
- Witness contact details
- Medical records
Please talk to a member of our team to learn more about providing evidence for school abuse claims.
No Win No Fee Solicitors – Why Use Them?
Although you are not legally obligated to use a solicitor when making school abuse claims, it could be extremely beneficial. A legal professional can advise you on the claims process and help build your case. If you opt to use a No Win No Fee solicitor under a Conditional Fee Agreement (CFA), you can receive these benefits without needing to make upfront payments.
A No Win No Fee agreement means you don’t pay any ongoing or upfront fees for your solicitor’s services. Also, you won’t pay for these if the claim is unsuccessful.
On the other hand, a successful claim will mean your No Win No Fee solicitor receives a small percentage of the compensation, known as a ‘success fee’. The law caps this percentage so a solicitor cannot overcharge you.
Please speak to our team of advisors for an evaluation of your claim. If they find your claim is eligible, they could place you in contact with a specialist No Win No Fee sexual abuse claims solicitor from our panel.
Contact Us For A Free Consultation To See If You Can Claim
Please don’t hesitate to contact us to see whether you could begin making a claim today. Our advisors can offer free, confidential advice regarding liability, compensation, and time limits applying to school abuse claims.
To speak to our team, you can:
- Call the number on the banner above
- Contact us by filling out our online form
- Use the live chat feature on this page
Learn More About Sexual School Abuse Claims
More pages from our site for you to take a look at:
Learn more by looking through these external sources:
- GOV – Get Support as a Victim of Crime
- Mind – Guide to Support Options for Abuse
- GOV – Basic DBS Checks Guidance
Thank you for reading this article on school abuse claims. If you are left with any questions, contact our team of advisors to make an enquiry.
Writer Jess Ocean
Publisher Fern Scrimshaw
