Abuse Claims for Children and Adults

FAQs

• How do I make a child abuse claim?

  Every child abuse claim is unique and we’ll sensitively consider any information you share with us to help you get the best result. There are two main ways to seek compensation:

  1. Through the court system

  2. Through the Criminal Injuries Compensation Authority (CICA).

  In some cases, you can apply to both.

  Regardless of which route you choose to go down, here are the 6 main steps for making a claim:

  1. Get in touch

  For a free no obligation chat, contact our child abuse team on 020 3813 5492 or complete our online child abuse enquiry form.

  2. Funding options

  We’ll help you decide on the best funding arrangement for you, whether it’s ‘no win no fee’, legal expenses insurance or Legal Aid. We can also provide advice on partner organisations who can help.

  3. Records and documents

  If we think you have a claim, we will carry out initial enquiries and review documents including police statements, prosecution documents and social services records.

   4. Speak to witnesses

  We may also speak to witnesses if necessary and agreed by you.

   5. Letter of claim

  Once we have all the supporting evidence, we will draft a letter to the defendant setting out the detail of your claim.

  6. Expert opinion

  We will instruct a psychiatrist to interview you and provide a report for the case If we think your case will be supported by evidence from any other experts we will also arrange for you to see them and for them to provide a report on their opinion.

  Find out more about the child and adult abuse claims process here. You can also read information on how to report a case of child abuse to the police.

• What is the process for claiming child abuse compensation through the courts?

  Civil law cannot punish the abuser, as this is the job of the criminal courts. If compensation is awarded, insurance companies generally pay it. In order for a child abuse claim to be successful, we must first prove the abuse has in fact occurred and been the cause of your injuries or psychiatric condition. This may involve interviewing witnesses and examining a large number of documents (such as social services files).

  Claims are often defended vigorously and the defendant may try and restrict our access to relevant evidence. Quite often the passage of time in child abuse cases may result in records having been destroyed or mislaid. This is the reason why such cases can take one or two years to conclude (sometimes longer). If the police have not investigated the abuse, it is your choice whether or not you tell them now. Our specialist solicitors can discuss this with you. Some clear advantages are:

  • If the abuser is convicted of a criminal offence, it is more straightforward to obtain compensation as the abuse will already have been proved
  • The police have the best access to evidence, which can be used in your claim once criminal proceedings are over.

  Each case is different and yours will be assessed free of charge by a specialist child abuse solicitor to see if we can help. There are time limits for bringing claims through the courts but we can often work around those even if your case is technically ‘out of time’ due to it being a historic abuse claim.

• What is the process for claiming compensation through CICA?

  The CICA (Criminal Injuries Compensation Authority) is a government-funded scheme which processes applications for compensation on behalf of victims of violent and sexual crime.

  Compensation from the CICA can be easier to obtain but is often less than you would get in a civil claim for damages. If at a later date you are also successful in a civil claim, normally any payment received from the CICA must be repaid.

  We can guide you through the process of claiming compensation through this scheme. This includes review applications and appeals against the decisions of caseworkers.

• What are the time limits for a case?

  The short answer is yes – time limits do apply to abuse claims. But this does not mean that you will not be able to claim compensation. Our abuse solicitors have substantial experience of working on claims involving abuse that occurred many years ago. It is very common for survivors of abuse not to report their experiences for years and sometimes decades after the traumatic events and the courts are sympathetic to this. We are frequently successful in persuading the courts to disallow the time limits if where we can put forward a compelling case.

• What happens if my claim is successful?

  If your claim is successful we will negotiate a financial settlement, that takes into account both the harm done and the financial losses which may have resulted from the abuse. If the abuse has prevented you from reaching your occupational potential, this will also be factored into your final compensation amount.

   Protecting your means-tested benefits

  Your financial circumstances change when you receive child abuse compensation. As a result, your means tested benefits may be at risk. You can protect your entitlement to your benefits and further benefit from compensation by setting up a trust. Our specialist child abuse solicitors will be happy to advise if this is applicable.

  Investment advice

  Investing your compensation requires careful thought and specialist advice. We work closely with reputable and professional financial advisors with extensive experience and knowledge of working alongside compensation award winners. We can make a personal recommendation and a referral to an appropriate adviser on request.

  Rehabilitation

  In many claims for child abuse compensation, your current quality of life and wellbeing may be improved by appropriate therapy and support services, including counselling or care. This is best given at the earliest opportunity, rather than waiting for the claim to be settled. We have arrangements with providers of therapy and other rehabilitation services to support as soon as possible.

• How much child abuse compensation will I get?

  The law can award damages for physical or psychological harm and for financial loss such as lost earnings, medical treatment, therapy, travel expenses, professional care or care from a friend or relative. The aim of compensation is to try and put you in the position you would have been in, if the abuse had not occurred.

  The key to any claim is evidence from independent medical experts, usually a psychiatrist in child abuse cases. He or she will interview you and prepare a report detailing the harm inflicted. Such reports enable courts to decide how much compensation you should receive. The amount the court will award will depend on the severity of the abuse, the length of time endured and the psychological problems resulting from it.

  In some cases evidence from other medical experts may be required in order to comment on physical injuries the abuse has caused. If your schooling has been affected and you haven’t been able to achieve your potential occupationally, we may need to instruct an educational psychologist. In some cases, loss of earnings can make up the largest part of a claim. We have succeeded in recovering damages for hundreds of thousands of pounds using such evidence.

• Will my claim be confidential?

  Your privacy is of the utmost importance to us. Throughout every stage of the legal process, we keep everything confidential and treat all documents in connection with your case as classified. Other ways we endeavour to protect your privacy include:

  • You can choose your preferred method of contact
  • We will always ask your permission to contact others about your case, including social services and the police
  • We can apply to the court to make your details confidential on court documents in connection with your claim
  • We can advise on the operation of the Sexual Offences (Amendment) Act 2002 which prohibits journalists printing details which could identify a victim of sexual abuse without their express consent
  • In our office, any documents we no longer need relating to your case are treated as ‘sensitive waste’ and destroyed.

  We are happy to discuss any concerns you may have about confidentiality at any point during the case.

• Who will pay my legal fees?

  If we think you have a strong claim, we will find a way to fund it for you. The 4 main funding options available are:

  1. ‘No win no fee’ agreement otherwise known as a Conditional Fee Agreement
  2. Legal Expenses Insurance
  3. Legal Aid
  4. Paying privately

  Find out more about your funding options and partner organisations who can help.

  We are quality approved to undertake legal aid work for child abuse compensation claims by the Legal Aid Agency (LAA).  Bolt Burdon Kemp’s expert solicitors hold memberships with the Association of Child Abuse Lawyers (ACAL), the Law Society’s specialist Personal Injury Panel and the Association of Personal Injury Lawyers (APIL). We are also on the NAPAC panel.

  The legal costs associated with your child abuse claim include solicitor fees, barrister fees, experts’ fees, court fees and fees charged for obtaining records for your case. After winning a personal injury claim, the Defendant usually pays most, of your legal costs. Deciding how much the Defendant must pay can be a lengthy process. If we are unable to agree how much they must pay the court will decide. If a court decision is required, the process can take in excess of 6 months. We have a specialist team who work independently of our personal injury solicitors to ensure the costs process is dealt with speedily and to your advantage.