Nurseries or day-care facilities are considered safe and welcoming environments for children. As a parent, your trust is placed in the hands of qualified professionals to look after and care for your child. In rare and unfortunate cases, a staff member could abuse their position of trust by inflicting sexual abuse, often resulting in serious life-long consequences and mental health issues. As such, you may be giving some thought to the sexual abuse in nursery claims process. Our dedicated team are here to help you understand your legal rights and to guide you through each step of the claiming process.
Key Takeaways
- According to the National Crime Agency, around three quarters of child sexual abuse crimes in the UK occurred outside of the family environment in 2024.
- The Centre Of Expertise On Child Sexual Abuse published a study in 2023/2024, stating that over 44,830 children were the subject of child protection plans.
- You could make a civil claim on behalf of a child against the perpetrator, or a criminal injury claim for your child’s injuries.
- You could include the costs of any financial losses you may have experienced as a result of the sexual abuse injuries. This can include lost earnings to look after your child, medical expenses and care costs.
- One of our expert solicitors could help you with making a claim.
At SACA, our friendly team work around the clock to answer questions and give advice to people just like you. We understand how difficult it can be to speak out about these experiences of child sexual abuse. Fortunately, our compassionate team are here to help survivors of abuse and affected family members navigate the compensation process. To start your claim, please feel free to get in touch with our team:
- Call us on 0333 091 8597
- Contact us by filling out our online form
- Use our free live chat feature
Frequently Asked Questions
- How To Claim For Sexual Abuse In a Nursery Or Daycare
- The Average Nursery Sexual Abuse Compensation Amount
- What Is The Sexual Abuse Claims Process If The Nursery Or Daycare Are Not Responsible?
- How Much Sexual Abuse In A Nursery Compensation Could Be Awarded By The CICA?
- What Are Special Expenses And Can They Be Claimed With Nursery Sexual Abuse Compensation?
- What Are The Time Limits For Bringing A Daycare Or Nursery Sexual Abuse Claim?
- Can Nursery Sexual Abuse Claims Be Made With A No Win No Fee Solicitor?
- Further Support
How To Claim For Sexual Abuse In a Nursery Or Daycare
When making a claim for sexual abuse in a nursery or daycare, this would be made against the nursery or daycare facility as a vicariously liable party. In doing this, the following criteria must be fulfilled:
- A child was owed a duty of care by a nursery or day-care
- This duty was breached
- As a result of the breach, your child suffered sexual abuse.
Nurseries owe a strict duty of care to safeguard children in their care. This duty arises under the Children Act 1989 and the Children Act 2004, which require childcare providers to promote children’s welfare and protect them from harm. Where sexual abuse occurs, this can amount to a breach of that duty.
In addition, employers must meet their general obligations under the Health and Safety at Work etc. Act 1974 to protect those affected by their operations, including the children they look after.
Any act of sexual abuse will also constitute a criminal offence under the Sexual Offences Act 2003, and a conviction may support a civil claim for compensation.
Can Sexual Abuse In A Nursery Claims Be Made On Behalf Of A Child?
Yes, you could make a sexual abuse in a nursery claim on behalf of your child by assuming the role of a litigation friend. By submitting an application to the court, you could be granted permission to act as a child’s litigation friend, ensuring their best interests are prioritised throughout the process.
In doing this, your role would be:
- To assist in evidence-gathering efforts
- To hold court funds
- Manage court documents
To learn more about how to make a sexual abuse claim on behalf of a loved one, please feel free to contact our team today.
The Average Nursery Sexual Abuse Compensation Amount
The average nursery sexual abuse compensation amount in civil claims will consist of compensation for the pain and suffering your child has endured, as well as any financial losses you have suffered in relation to this.
General damages are the head of loss that will compensate your child for their physical and psychological pain.
Along with their medical report, a solicitor will refer to the Judicial College Guidelines (JCG) when calculating your child’s general damages. In essence, the JCG publication is commonly used by legal professionals as it contains compensation guidelines for many different injuries.
All figures in the table below, apart from the first entry, have been taken from the JCG. Please note that these are merely guidelines and do not guarantee the amount of compensation that could be awarded.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple severe injuries and financial losses | More than one form of serious injury with special damages such as medical expenses and travel costs | Up to £500,000+ |
| Severe Sexual And/Or Physical Abuse | Including serious abuse over a prolonged period, with a serious affect on the ability to cope with education. | £109,830 to £183,050 |
| Moderately Severe And/Or Physical Abuse | Serious abuse which may have elements of false imprisonment. These cases could also include a good prognosis despite the seriousness. | £54,920 to £109,830 |
| Moderate Sexual And/Or Physical Abuse | Less serious abuse with a less severe psychological reaction, which may have some aggravating features. | £25,100 to £54,920 |
| Less Severe Sexual And/Or Physical Abuse | A low level serious abuse with short-lived psychological effects, with few aggravating features. | £11,870 to £25,100 |
Following a successful claim, you could also be awarded special damages for any financial losses suffered as a result of your child’s injuries. For example:
- Loss of earnings for any time off work to look after your child.
- Medical expenses and rehabilitation costs
- Travel costs from commuting to and from your child’s appointments
- Care costs to help care for your child
It’s also crucial to support any special damages with evidence such as receipts, invoices and payslips. For a personalised compensation evaluation, please contact our friendly team today.
What Is The Sexual Abuse Claims Process If The Nursery Or Daycare Are Not Responsible?
If a nursery or day-care facility is not responsible for sexual abuse, you may be able to claim compensation through the Criminal Injuries Compensation Authority (CICA). Ultimately, it exists as an agency of the UK government, allowing victims of violent crimes to claim compensation.
The following eligibility requirements must be fulfilled to make a claim through CICA:
- Your child suffered injuries in a violent crime; this definition also includes sexual assault.
- The crime occurred in Great Britain
- The crime has been reported to the police
To learn more about the eligibility requirements for making a criminal injury claim, please get in touch with our friendly team.
How Much Sexual Abuse In A Nursery Compensation Could Be Awarded By The CICA?
The amount of sexual abuse compensation your child could be awarded by the CICA will be based on the fixed tariffs set out in the Criminal Injuries Compensation Scheme 2012 (the Scheme). Please see the table below, which displays some examples of CICA payouts in relation to sexual abuse involving children. Please note that the first entry is the maximum amount the CICA will pay for any claim made through them.
| Injury | Notes | Tariff |
|---|---|---|
| Multiple severe injuries and financial losses | More than one form of severe injury with special expenses such as assistance with cooking and bodily fluids | Up to £500,000 |
| Non Consensual Penile Penetration of a Child | Causing severe internal injury and a severe permanent disabling mental illness confirmed by a psychiatric prognosis | £44,000 |
| Resulting in a permanent disabling and severe mental illness that has been verified by a psychiatric prognosis | £27,000 | |
| Causing serious internal bodily injuries | £22,000 | |
| Involving repeated incidents over a period of time for up to 3 years | £16,500 | |
| One incident | £11,000 | |
| Sexual Assault of A Child | Resulting in a moderate but permanently disabling mental illness | £22,000 |
| Resulting serious internal injuries | £22,000 | |
| Lasting over a period of 3+ years | £8,200 |
If your child has suffered from multiple injuries, you could claim compensation for up to 3 of them. The following will therefore apply under the multiple injuries formula:
- 100% of the tariff value will be awarded for the injury that has the highest compensation amount.
- 30% of the tariff value will be awarded for the second-highest injury
- 15% of the tariff value will be awarded for the third-highest injury
Additional compensation could also be awarded if the sexual abuse caused a pregnancy or a sexually transmitted infection.
For more information on sexual abuse in nursery claims made through the CICA, you can contact our advisors.
What Are Special Expenses And Can They Be Claimed With Nursery Sexual Abuse Compensation?
Special expenses relate to certain financial losses you may have suffered due to the incident, and they can be claimed with nursery sexual abuse compensation through the CICA. In sexual abuse in nursery claims, you could therefore recover financial losses that relate to:
- Care costs, such as helping with bodily functions and preparing food
- Damaged equipment costs from the incident, such as broken glasses
- Equipment costs to support injuries, such as hoists and chairlifts
As such, these special expenses must be reasonable, necessary, a direct result of the sexual abuse injuries, and not be able to be claimed for free.
To learn more about special expenses, please contact our helpful advisory team today.
What Are The Time Limits For Bringing A Daycare Or Nursery Sexual Abuse Claim?
The time limits for bringing a day-care or nursery sexual abuse claim will depend on the type of claim you’re making. As we’ve previously established, sexual abuse in nursery claims can be made via one of two avenues: civil or criminal.
For child claims made through the CICA, the time limit is as follows:
- If the incident was reported prior to their 18th birthday, they will have 2 years from this date.
- If the incident wasn’t reported prior to their 18th birthday, they will have 2 years to make their own claim from the date a report is made. However, exceptional circumstances will need to have prevented this report from being made sooner, such as cases of historical abuse.
Alternatively, in civil claims, you will typically have a 3-year time limit to start your claim. As per the Limitation Act 1980, the time limit will begin from the date of the abuse. However:
- If a child wishes to claim themselves, they are required to wait until their 18th birthday. From this date, they will have a 3-year time limit to claim.
- If a claimant lacks mental capacity, they can only make a claim if they make a full recovery. The 3-year time limit will begin from the date of full recovery.
In both of these instances, where your child is unable to make their own claim due to being a minor, you could apply to claim on their behalf. To learn more about this, you can contact our advisors.
Can Nursery Sexual Abuse Claims Be Made With A No Win No Fee Solicitor?
Yes, sexual abuse in nursery claims can be made with one of our No Win No Fee sexual assault solicitors. Working to prioritise your child’s health and wellbeing throughout, our specialist solicitors also give advice that strictly adheres to the rules of confidentiality. Under a Conditional Fee Agreement (CFA), you could experience the following benefits:
- No solicitor service fees at the start of your claim or as it progresses
- No solicitor service fees in the event that your claim is not a success
- If your claim is a success, you’ll be required to pay your solicitor a success fee. This fee is subtracted from your compensation as a legally capped percentage. Therefore, you’ll always receive the majority of your settlement.
Some of the expert services they can offer you on a No Win No Fee basis include:
- Submitting the claim within the relevant time limit
- Negotiating a compensation settlement that also includes any financial losses suffered
- Guiding you through every step of the claims process
- Handling all relevant documents and communications
- Arranging any rehabilitation or therapy your child may need for their injuries.
Contact Our Advisors
To learn more about sexual abuse in nursey claims, please feel to contact our compassionate team of advisors:
- Call us on 0333 091 8597
- Contact us by filling out our online form
- Use our free live chat feature
Further Support
You may also find some of our other guides helpful and informative:
- Get help with abuse in childrens care home claims
- Learn about foster care abuse
- See the following advice on hospital sexual abuse claims
Additional external resources:
- Learn about spotting signs of child sexual abuse
- See the following child abuse statistics from the NSPCC
- Get help with reporting a crime to the police on their website
Thank you for reading our helpful guide about how to make sexual abuse in nursery claims.
