By Danielle Harmon. Last Updated 21st May 2024. 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 a few different ways to file a sexual abuse claim. You could seek compensation from the perpetrator directly, if they have the means to pay a settlement and you can identify them. 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
When Can You Claim For Teacher Sexual Abuse?
If you suffered teacher sexual abuse, you might want to know about the compensation claim eligibility criteria. This will differ depending on whether you are making a claim through the CICA or taking legal action against the school.
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
In some cases, you might be able to file a claim through the CICA if no other avenue to seek compensation for teacher abuse is available to you. However, you must meet specific criminal injuries compensation claims eligibility criteria. The CICA will ask you to prove that:
- The teacher sexual abuse happened in England, Scotland, Wales or another relevant place.
- You reported the incident to the police. Your police reference number is needed to claim through the CICA. However, you do not need to wait for a conviction to begin the process.
- You sustained physical or mental injuries as a result of a crime of violence. This is defined by the CICA as an attack, the threat of an attack where there is reasonable firmness to be in fear of harm, an act that is violent in nature leading to harm, sexual assault and arson.
Eligibility Criteria For Claiming Against A School
As previously discussed, schools owe their students a duty of care. You might be eligible to file a criminal injury claim for teacher sexual abuse against the school the teacher worked at if they are found vicariously liable for the conduct of their staff members.
However, to launch a criminal injury claim against the school, you will need to prove that:
- The school owed you a duty of care. This is a legal obligation placed on organisations (and certain individuals) to ensure proper care to avoid foreseeable harm. For example, to ensure that adequate background checks are carried out on members of staff.
- They failed to uphold this duty. The school may not have carried out the appropriate background checks, or did, but failed to act upon the information contained in them.
- You suffered harm as a result of this failure. For example, because the school employed a teacher without carrying out the required background checks that would have contained information that the staff member was a threat, you suffered teacher sexual abuse.
Contact our team today to get further advice for sexual school abuse claims.
Potential Compensation When Claiming For Teacher Sexual Abuse
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, contains compensation guidelines for various types of harm, injury and illness. These are used to help value general damages.
Our table below examines a few examples of compensation guidelines. The first row is included to show how you could be awarded for special damages and severe sexual abuse. In the following rows, we’ve provided a few figures for sexual abuse from the JCG. It should be noted that the top row is not from the JCG.
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 | Severity | Guideline Bracket Amount | Notes |
|---|---|---|---|
| Sexual Abuse with Additional Damages | Very Severe | Up to £500,000+ | The settlement may include compensation for lost earnings, care and therapy costs and additional injuries. |
| Sexual and/or Physical Abuse | Severe (a) | £109,830 to £183,050 | Cases involving serious abuse and/or severe and prolonged psychiatric harm. Serious effects on work, education and personal relationships. |
| Moderate (b) | £25,100 to £54,920 | 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) | £11,870 to £25,100 | 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 | Tariff Amount | Notes |
|---|---|---|
| Sexual Abuse and Special Damages with Loss of Earnings | Up to £500,000 | The CICA may award compensation for multiple incidents and loss of earnings, plus special expenses. |
| Non-consensual penile penetration of the vagina, anus, and/or mouth | £44,000 | Resulting in internal bodily injury of a serious nature with a severe, disabling, and permanent, mental illness a medical professional confirmed. |
| Sexual Assault | £27,000 | Resulting in severe mental illness which is permanently disabling and has been confirmed by a medical professional. |
| £22,000 | A pattern of incidents that are repetitive and frequent that cause internal bodily injuries of a serious nature. | |
| Other Payments | £22,000 | Infection with HIV, Hepatitis B, and/or Hepatitis C. |
| £5,500 | Pregnancy. |
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.
Evidence For Making A Claim For Teacher Sexual Abuse
The evidence you need to provide when claiming for teacher sexual abuse can differ depending on how you file your claim. In the following sections, we look at what evidence you will need in each type of claim.
Claiming Against A Vicariously Liable Party
When making your claim for teacher abuse against the school, you will need compelling evidence that shows liability for the sexual abuse. This may include:
- Witness contact details. Anyone that saw what happened can provide a statement further into the claims process if you collect their contact information.
- Diary entries. You may have kept a diary detailing what you were going through.
- Medical records. You can request a copy of your medical records if you sought treatment for the harm you suffered.
- Police report. If you went to the police, you can submit a copy of their report.
- Photographs and videos. If there are any photographs or videos related to the incidents, you can submit these. For example, if you sustained visible physical injuries, such as bruising.
Making A Claim Through The CICA
If you make a claim for teacher sexual abuse through the CICA, they will ask you for certain items as part of the process. These include:
- Your police reference number. This will allow the CICA to liaise with the police for any information they may need regarding the incident.
- Evidence showing that you meet the residency requirements.
- Medical evidence.
- Any proof of special expenses (if you are claiming these).
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.
Why Make A No Win No Fee Claim?
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.
However, the solicitor will take a capped percentage of your compensation as their success fee if your claim is successful. 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.
Learn More About How To Claim For Sexual Abuse
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.
External resources:
- 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.
