Schools owe a duty of care to all of their pupils. Teacher sexual abuse could constitute a breach of that duty if the school failed to take adequate safeguarding measures. In this guide, we examine when you could be eligible to claim compensation for the school’s failure to protect you as a pupil.
There are different avenues you could take to make a sexual abuse claim. Firstly, you could claim against the perpetrator directly, if they have the means to pay compensation and have been identified. In other instances, a claim could be made against a vicariously liable party who failed to uphold the duty of care they owed.
If neither of these options are viable, you could make your claim via the Criminal Injuries Compensation Authority (CICA). The CICA handle compensation claims from those who have sustained a physical or mental injury in a violent crime in Great Britain.
For the purpose of this guide, we will focus on the process of claiming against a vicariously liable party and through the CICA. We provide guidance on the eligibility criteria as well as what evidence can be used to support each different type of claim.
This guide also contains information on how compensation for abuse is calculated and the relevant time limits for making a claim following sexual abuse in a school.
Later, we look at the type of No Win No Fee contract our panel of solicitors can offer and what advantages this offers.
Please get in touch with our dedicated team of advisors for a free assessment of your eligibility to claim. To do so, you can:
- Call using the number on the banner.
- Complete our “Contact Us” form.
- Use the live chat at the bottom of the screen.
Browse This Guide
- When Can You Claim For Teacher Sexual Abuse?
- Potential Compensation When Claiming For Teacher Sexual Abuse
- Evidence When Making A Claim For Teacher Sexual Abuse
- Why Make A No Win No Fee Claim?
- Learn More About How To Claim For Sexual Abuse
Certain criteria will need to be met in order to take legal action either against the school as a vicariously liable third party or the CICA.
The following sections outline the criteria you need to meet depending on the avenue you take to seek compensation for sexual abuse. However, if you have any questions about how you should proceed with your claim, please don’t hesitate to contact an advisor on the number above.
Eligibility Criteria For Claiming Through The CICA
Firstly, to begin a CICA claim, you will need to show:
- You were the victim of a violent crime that comes under the Criminal Injuries Compensation Scheme 2012.
- The crime occurred in Great Britain or another relevant place.
- The crime was reported to the police. The perpetrator does not need to be identified or convicted in order to make a claim via the CICA.
Eligibility Criteria For Claiming Against A School
As mentioned, schools owe a duty of care to safeguard their pupils. You may be able to claim directly against the school as a vicariously liable third party for teacher sexual abuse if you can show:
- You were owed a duty of care by a third party, in this case, the school.
- That third party breached this duty of care.
- Their breach of duty directly contributed to the criminal act in which you sustained harm.
An example of when a school could be vicariously liable for sexual abuse by a teacher would be when the school failed to carry out a sufficient DBS check when hiring the teacher. Had the DBS check been performed, and shown past sexual abuse that should have prevented the teacher from being hired, the school could be held liable for the incident.
Contact our team today to get further advice for sexual school abuse claims.
When you make a successful claim against a third party who was vicariously liable for teacher sexual abuse, there are two relevant heads of loss that could be awarded:
- The physical and psychiatric impacts of the harm caused will be compensated under general damages.
- Any relevant financial losses will be compensated under special damages. Possible examples include lost earnings, costs for care or out-of-pocket medical bills. Remember to retain evidence of these losses, such as your payslips, invoices for care or copies of your prescription letters.
The Judicial College Guidelines (JCG), a document published by the Judicial College, details the guideline award brackets for various types of harm. These are used to help value general damages. You can see a selection of these brackets in the table below.
Please be aware that the figures in this table are intended as a guide since compensation is calculated on a case-by-case basis.
|Type of Harm
|Guideline Bracket Amount
|Sexual and/or Physical Abuse
|£45,000 to £120,000
|Cases involving serious abuse and/or severe and prolonged psychiatric harm. Serious effects on work, education and personal relationships.
|£20,570 to £45,000
|Less serious abuse and a less severe psychological impact with lower effects on work and relationships. This bracket also includes more serious levels of abuse but with a limited psychological impact that is either resolved or has a good prognosis.
|Less Severe (c)
|£9,730 to £20,570
|Short-lived abuse of a lower severity where any psychological effects are mild or resolved quickly, or the prognosis for treatment is very good.
How Much CICA Compensation Could You Receive?
For a claim made through the CICA, compensation will be awarded for your injuries. This will be valued according to the Criminal Injuries Compensation Scheme 2012 tariff of injuries, examples of which have been provided here.
It is important to note that the amounts given in the tariff, unlike the JCG, are fixed.
|Type of Harm
|Non-consensual penile penetration of the vagina, anus, and/or mouth
|Resulting in internal bodily injury of a serious nature with a severe, disabling, and permanent, mental illness a medical professional confirmed.
|Resulting in severe mental illness which is permanently disabling and has been confirmed by a medical professional.
|A pattern of incidents that are repetitive and frequent that cause internal bodily injuries of a serious nature.
|Infection with HIV, Hepatitis B, and/or Hepatitis C.
You may also be able to claim a special expenses payment as part of your CICA compensation to cover certain losses you have incurred as a direct result of the incident. Additionally, you could claim a loss of earnings payment where you have no capacity or a reduced capacity to work due to the criminal injury.
There are eligibility criteria to claiming special expenses and loss of earnings, however. To discuss more about what these criteria are, or to ask any questions regarding how compensation is calculated depending on the avenue you take to claim, speak to our team today. You can get in touch via any of the contact details given below.
In this section, we discuss in more detail the evidence you can provide in support of your claim for teacher sexual abuse. Beginning with the evidence for a vicarious liability claim, examples you could provide have been given here:
- Copies of medical documents from your treatment.
- It is also advisable to keep a diary during this treatment, noting your symptoms and the physical and mental impacts of these.
If you are making a claim through the CICA, the required evidence is as follows:
- Your crime reference number from when the crime was reported to the police.
- Evidence you meet the residency requirements.
- Corroborating medical evidence and proof of any financial losses.
Talk to our team today to discuss further what evidence you could collect to support your potential claim. You could also get the support of a specialist solicitor from our panel in collecting evidence if our advisors find your claim is valid.
Is There A Time Limit When Claiming For Teacher Sexual Abuse?
For CICA claims, a claim must be started as soon as it’s reasonably possible to do so. If you were an adult, 18 or over, at the time of the incident, the time limit is typically two years from the date the crime was reported to the police.
In cases where the incident occurred while you were still a minor, under the age of 18, you have until your 20th birthday to begin a claim if the crime was reported when you were under the age of 18. If the incident was reported to the police on or after your 18th birthday, you have two years from when you first reported the incident to the police.
Claims against the school as a vicariously liable party for teacher sexual abuse are generally subject to a limitation of 3 years from the date of the incident.
However, exceptions can apply to the time limits for both sets of claims. To get an assessment of your particular circumstances, use the contact details given below.
The first step in starting a claim for teacher sexual abuse is to get your particular circumstances assessed by our dedicated team of advisors. Once it is decided you have a valid claim, a sexual abuse claims solicitor from our panel could offer to take your claim under a Conditional Fee Agreement (CFA).
A CFA, a type of No Win No Fee contract, offers claimants distinct benefits. In most cases, a solicitor will not charge fees at the start of the claims process for them to begin work on the case, nor will there be fees for their services during the claim itself. Lastly, if your claim does not succeed, you will not be paying for the solicitor’s services.
You will, however, pay a fee if your claim succeeds. The solicitor will take a capped percentage of your compensation as their success fee. This cap means you will keep most of any awarded compensation upon the success of your claim.
Our team can answer any questions you may have regarding the information in this guide, offer further guidance on the claims process and assess your eligibility to begin a claim free of charge. Contact our team via the following:
- Call using the number on the banner.
- Complete our “Contact Us” via this link.
- Click the live chat button at the bottom of the screen.
Read some of our other guides here:
- Learn more about starting a claim for sexual abuse after reporting it years later.
- Find out about the average payouts for historical abuse here.
- See how much compensation could be awarded for sexual abuse as a child.
- Mental health charity MIND has prepared this guide of support options for victims of abuse.
- The NHS has prepared this resource on getting help after rape and sexual assault.
- Learn about the support available from The Survivors Trust here.
We appreciate you taking the time to read our guide to making a claim for teacher sexual abuse. You can reach our experienced advisors using the contact details given above if you have any other questions.