Our guide explains when you can claim for sexual abuse in health and social care. There are different avenues through which you could direct your claim for compensation. As you move through our guide, we outline what these avenues are, the eligibility criteria that need to be met to proceed with abuse claims, and the time limit for sexual abuse claims.
Additionally, we discuss compensation that could be awarded in a claim and how settlements can differ depending on who your claim is made against.
Finally, you can see how your claim could be supported by the specialist expertise of a No Win No Fee solicitor from our panel.
Call today or get in touch online for a free initial assessment of your claim. Our advisors can advise about taking legal action and could connect you to one of the sexual abuse claims solicitors from our panel if you’re eligible to proceed with your case. Learn more by getting in touch via the following contact details:
- Contact us through our online form.
- Talk to an advisor on live chat in the tab below.
- Call the number at the top of the page.
Learn How To Claim For Sexual Abuse In Health And Social Care
Choose A Section
- Can You Make A Claim For Sexual Abuse In Health And Social Care?
- How Long Do You Have To Claim For Sexual Abuse In Healthcare?
- Calculating Criminal Injuries Compensation For Sexual Assault
- How Can No Win No Fee Solicitors Help You Claim For Sexual Abuse In Health And Social Care?
- Read More About Child Sexual Abuse Claims
Can You Make A Claim For Sexual Abuse In Health And Social Care?
There are several avenues through which you could direct your criminal injury claim. Firstly, it may be possible to claim directly against the perpetrator, if they have the funds to pay compensation and have been identified. In other cases, you may be able to claim against a vicariously liable third party, such as a health and social care provider if you can show they failed in their legal obligation to protect you.
Health and social care providers have a duty of care to protect and safeguard patients and employees equally. If they failed to uphold this duty and this led to you suffering sexual abuse as a patient or an employee, they may be seen as partially or wholly liable for the incident. For example:
- The health and social care provider may have failed to carry out a Disclosure and Barring Service (DBS) check on a new employee. If the check would have given them reason not to employ the staff member, and they then went on to sexually abuse a patient, the healthcare provider would be vicariously liable.
- An employer may have failed to provide their staff in a care home with adequate training on how to deal with a violent resident. As a result, a staff member is physically and sexually assaulted.
Could I Claim Through The Criminal Injuries Compensation Authority (CICA)?
If neither of the above options are possible, you may be able to claim for sexual abuse in health and social care through the Criminal Injuries Compensation Authority (CICA). This executive government agency handles compensation claims from those who have been injured physically or mentally after being a victim of a violent crime in Great Britain. They administer the Criminal Injuries Compensation Scheme 2012.
To claim through the CICA, you would need to show:
- You suffered harm in a crime of violence. The Scheme’s definition of this includes sexual assault.
- The crime of violence occurred in England, Scotland, Wales or another relevant place.
- The incident was reported to the police.
- You are within the time limits to start your claim.
Please reach out to learn about claiming for the effects of being sexually abused and the support you can get from an experienced sexual abuse claim solicitor.
Statistics For Sexual Misconduct And Violence In The NHS
While one example of health or social care sexual abuse includes vulnerable adults or children being assaulted by employees, patients are not the only people experiencing abuse.
Freedom of information requests revealed that over 35,000 incidents of sexual misconduct or violence, including derogatory remarks, sexual assault, and rape, were recorded by NHS trusts in England from 2017 to 2022.
More than half of the cases involved patients committing sexual abuse against staff members. Other cases involved staff who experienced abuse at the hands of colleagues and patients being abused by other patients.
A compensation claim for sexual abuse is possible for victims of sexual assaults in a health or social care setting, regardless of whether they are a patient or employee.
Call our team on the number above to find out where you could direct your claim. An advisor can also answer any other questions you might have.
[Source: https://www.bbc.co.uk/news/health-65671018]
How Long Do You Have To Claim For Sexual Abuse In Healthcare?
When making a claim for sexual abuse in health and social care, you must do so within the relevant time limits. However, the time limit for a sexual abuse claim depends on who you make the claim against.
Time Limits For Claims Against Health And Social Care Providers For Sexual Offences
Most claims against a vicariously liable third party must start within three years. However, there are some exceptions that could apply, particularly where child abuse is concerned, as an under-18 would not be able to start a claim for child sexual abuse themselves.
Also, in cases of historical abuse, when an adult was abused as a child or young person under the age of 18, exceptions can apply to the three year time limit.
What Is The Time Limit For A CICA Claim?
Generally, you must submit your claim through the CICA as soon as it’s reasonably practicable for you to do so. If you were an adult at the time of the incident, they expect this to be no later than two years from when it occurred. However, this time limit can be extended if exceptional circumstances prevented you from submitting your claim within the two year period.
If the person was under the age of 18 at the time of the incident, they need to submit their claim by their 20th birthday if the incident was reported to the police before they turned 18. Alternatively, if the report was made to the police on or after their 18th birthday, they have two years from when the report was made.
This means that even if reporting it years later, you could still claim for sexual abuse through the CICA.
For more guidance on child and adult abuse claim time limits, please give us a call. Our initial case assessment can help you learn if your case is within the limitation period for a healthcare or social care sexual abuse claim.
Calculating Criminal Injuries Compensation For Sexual Assault
If you make a successful criminal injury claim for sexual abuse in health and social care, you could be awarded a payout. However, the compensation you receive and how it’s calculated will differ depending on who you make your claim against.
CICA Payouts
A successful claim made through the CICA could see you receiving a payout for sexual abuse.
CICA payouts are awarded in line with the Criminal Injuries Compensation Scheme 2012, which features a fixed tariff for mental health conditions and physical injuries caused by violent crime.
As per the Scheme 2012, compensation can only be awarded for up to 3 injuries. When you are claiming for 2 or more injuries, the multiple injuries formula will apply. This means you will receive the full tariff amount for the highest-valued injury; 30% of the tariff figure for an injury of equal or secondary value; and 15% of the tariff amount for the third highest or equally valued injury.
Additionally, you could receive a separate tariff payment that is not subject to this formula if you became pregnant, lost a foetus, or contracted a sexually transmitted disease due to the assault.
CICA Table
This table shows some entries from the 2012 Scheme and can be used as an alternative to a CICA claim calculator. Please note that the top entry is not from the Scheme’s tariff.
| INJURY | TARIFF AMOUNT | NOTES |
|---|---|---|
| Sexual abuse with special expenses and lost income | Up to £500,000 | Compensation for sexual assault as well as any loss of earnings and special expenses, such as the cost of domestic support. |
| Non-Consensual Penile Penetration of Mouth, Anus and/or Vagina | £44,000 | Causing a serious internal bodily injury alongside a severe, permanent, and disabling mental illness that is confirmed by psychiatric prognosis. |
| £27,000 | Resulting in a severe mental illness which is permanent and disabling and confirmed through a psychiatric prognosis. | |
| Sexual Assault | £22,000 | Causing serious internal bodily injuries. |
| £8,200 | Frequent and severe abuse, whether by one attacker or more, in a repetitive pattern over three years or beyond. |
Furthermore, you could receive compensation for financial losses, such as lost income and special expenses. Special expenses refer to certain costs you may incur due to your injury, such as damage to property or equipment.
You must meet certain criteria to qualify for a loss of earnings or special expenses payment. Call our team for more information.
Calculating Compensation For Criminal Injury Claims Against An Organisation
If you make a successful criminal injury claim against a vicariously liable third party, your settlement could be formed of two heads, known as:
- General damages: This compensates for the physical and emotional effects of the criminal injury, such as the abuse itself and the psychological injuries caused as a result like Post-Traumatic Stress Disorder (PTSD). Your medical records could help give an insight into how much you have suffered physically and mentally.
- Special damages: This compensates for the financial losses incurred due to the criminal injury. Examples of these losses include loss of earnings incurred due to time needed off work to recover from the mental impact of the sexual abuse. Evidence in the form of payslips can help prove this loss.
Those involved in calculating general damages can use the guideline compensation brackets in the Judicial College Guidelines (JCG).
Compensation Table
This table’s top entry is not from the JCG. The others show JCG brackets for different injuries that could be compensated under the general damages head of claim. This should only be used as a guide.
| INJURY | SEVERITY | NOTES | COMPENSATION BRACKET |
|---|---|---|---|
| Sexual and/or physical abuse alongside financial losses | Serious | A payout comprising compensation for the physical and emotional impact of sexual and/or physical abuse as well as for the monetary losses caused, such as a loss of earnings. | Up to £500,000+ |
| Sexual and/or Physical Abuse | Severe | The affected person suffered serious abuse and/or prolonged, severe psychiatric injury. | £45,000 to £120,000 |
| Moderate | Abuse is less serious and prolonged with a less severe psychological reaction and fewer effects on education, work, or relationships. | £20,570 to £45,000 | |
| Less Severe | Cases where the abuse has a lower level of seriousness and is short-lived. The psychological effects will be mild and resolved quickly. | £9,730 to £20,570 |
Please get in touch if you have any questions about sexual abuse claims and the compensation that could be awarded if a case succeeds.
How Can No Win No Fee Solicitors Help You Claim For Sexual Abuse In Health And Social Care?
If you wish to seek legal representation for your claim for sexual abuse in health and social care, an experienced sexual abuse claim solicitor from our panel could offer their specialist expertise.
A solicitor could help you claim compensation for sexual abuse against a vicariously liable third party or through the CICA, ensuring the claim is submitted within the relevant time limit. If you have a valid sexual abuse claim, their services could be available under a Conditional Fee Agreement (CFA).
This is a type of No Win No Fee arrangement that means no payment for the solicitor’s work:
- Upfront.
- As the case progresses.
- If the claim loses.
If your solicitor helps you win compensation, they receive a success fee. This is a small percentage of your compensation, with a legal cap set by The Conditional Fee Agreements Order 2013. This guarantees that you receive most of the compensation awarded.
For any further information, please get in touch using the details below:
- Contact us through our online form.
- Talk to an advisor on live chat in the tab below.
- Call the number at the top of the page.
Read More About Child Sexual Abuse Claims
Here are some further useful guides related to claiming compensation for sexual abuse.
- How to claim for sexual abuse by a therapist and the harm it caused.
- More information on how historical sexual abuse solicitors can help you claim for non-recent abuse.
- A guide explaining teacher sexual abuse claims and how a solicitor can support you.
These resources contain victim support guidance and information about crimes of violence.
- The Crown Prosecution Service explains sexual offences and its approach to prosecution.
- Information on coping with crime from Victim Support, a charity supporting those affected by criminal acts.
- Guidance on Statutory Sick Pay from the government’s website.
We hope this guide on how to claim for sexual abuse in health and social care has helped. However, if you have any other questions, please contact an advisor on the number above.
