College apology highlights decades of mental health failings faced by abuse survivors
The Royal College of Psychiatrists (“the College”) has recently issued a public apology for what it says is decades of mismanagement and misdiagnosis of mental health problems later in life of victims of non-recent childhood sexual abuse (NRCSA). It has been said that the NHS has not been able to properly support abuse survivors.
The apology was included in a position statement released by the College.
The issues around mental health relating to NRCSA are complicated and very often misunderstood. Survivors of such abuse are at increased risk of developing mental health issues, including substance misuse, eating disorders, self-harm and other mental health conditions such as complex PTSD, anxiety and depression.
As per the findings of The All-Party Parliamentary Group (APPG) on Adult Survivors of Childhood Sexual Abuse, the average time for victims and survivors to disclose sexual abuse is 26 years, meaning many survivors are well into adulthood before they even begin the process of disclosing and processing the impact of that abuse. The impact on their lives can therefore be significant.
Others only start to experience the symptoms and effects of abuse later in life, having buried such traumatic memories, only for them to resurface many years later.
Barriers to accessing mental health support
While the pressures on the NHS are widely understood, especially in the area of mental health, it is of vital importance that survivors of NRCSA have access to the services which would be able to help them deal with the impact it has had on them.
While it is welcome that the College has produced this position statement, in conjunction with doctors, abuse survivors and organisations that help them, to improve services going forward, there will always be limitations on what the NHS can do.
As abuse lawyers, we fully support the efforts to improve NHS services for survivors of abuse. However, we also look for ways to improve access to such services for our clients. As the position statement notes, private services are used, but much less frequently. Some are unable to afford such private services.
Funding treatment during civil claims
In the event a survivor of abuse wishes to pursue a civil claim for compensation for the abuse they suffered, then, where appropriate, we would advocate for early engagement with such services on a private basis. We recognise that early therapeutic intervention can be critical to recovery and to support access to this support, we offer clients funded private specialist therapy while their claims are ongoing. Guided by expert psychiatric recommendations and tailored to individual needs, this initiative ensures survivors receive support when they need it most, rather than waiting for liability disputes to be resolved.
This may not be a suitable option for all claims, and where liability is not in issue and there is insurance on the part of the perpetrator or the organisation involved, a collaborative approach to early engagement in treatment for mental health issues from suitably qualified therapists can be arranged, to help the survivor begin the process of dealing with their trauma, much in the same way early engagement in treatment is seen as beneficial for claims involving a physical trauma. As with physical injuries, a co-ordinated approach between NHS provision and private provision funded by insurers would help improve outcomes for the survivors of abuse while at the same time easing the burden on the public purse and reducing long-term exposure to treatment costs for insurers.
For too long the treatment of mental health conditions has taken a backseat compared to provision for physical ailments and this is especially the case for survivors of childhood sexual abuse, as acknowledged by the Royal College of Psychiatrists.
In the area of civil claims for such abuse, a collaborative and co-operative approach between the NHS provision, claimants’ legal representatives and insurers of those who have perpetrated the abuse (or the organisations they were part of when committing the abuse) would greatly improve the long-term outcomes for survivors.
We at Bolt Burdon Kemp advocate for such a collaborative approach to become the standard approach when dealing with such claims.
If you have been affected by non-recent childhood sexual abuse, you can get in touch using the contact details below for a free and confidential conversation about your legal rights and options.
