Ministry of Defence settles major child abuse case to avoid trial
March 21, 2011
Bolt Burdon Kemp acted for four clients who were abused when they were members of the Army Cadets in Harborne, Birmingham when they were youngsters. The abuse was perpetrated by two of the Captains/ instructors of the cadet force and it became apparent when investigating the case that sexual abuse of the most severe kind was going on behind the closed doors of the army hut, the rifle range and at camp. Not only that but the abuse within the Cadets was openly acknowledged within a permissive atmosphere, and appeared to be accepted as the norm. The Ministry of Defence employed the instructors so they became legally responsible for their actions.
In September 2007, one of the instructors Peter Cooper was convicted of buggery and indecent assault in relation to one of the claimants at Stafford Crown Court. He was a serving police officer with the West Midlands Constabulary at the time of his arrest. Within the compensation claim we were able to successfully argue that the limitation period of three years should be dis-applied, because a fair trial was still possible, even though three of the Claimants had not secured convictions, and one of the abusers had died.
All the clients had been severely affected by their ordeal, from the time of the abuse to the present day, and the abuse had taken its toll – all had suffered psychiatric problems and most had problems with work, their home life and relationships. We were able to secure a full admission of liability from the Ministry of Defence, who agreed to settle the cases to avoid court in February 2011. The negotiations resulted in the biggest compensation pay-out for a child abuse case that Bolt Burdon Kemp has dealt with. Whilst no amount of money can ever fully compensate the claimants, the financial settlement is a great result for the individuals and their families, who will hopefully be able to achieve some closure on the abuse.
The Ministry of Defence provided a written apology to our clients acknowledging the mistakes made and the deep regret that it feels for allowing the abuse to happen.
If you have a query regarding a claim for damages arising out of child abuse, please contact a member of our team