Child Abuse In Schools

School should be a safe and supportive place where children can learn and develop. However, physical or sexual abuse can happen in educational settings and may involve teachers, support staff, volunteers or, in some cases, other pupils. If you experienced abuse at school, or your child has been affected, we understand that speaking about what happened can be incredibly difficult. 

Seeking compensation cannot undo what happened, but it may help with the cost of treatment, therapy or other support you may need in the future. It can also provide formal recognition of what you or your child experienced and, where appropriate, hold those responsible to account. 

We'll support you and handle your case with the compassion it deserves. We can also give you details of organisations that are specialists in providing support to survivors of abuse. 

Our Abuse Claims Solicitors have been helping survivors get the support they need in taking the first steps towards making a civil claim, a criminal injuries claim, or claim through a historic abuse redress scheme. We'll do everything we can to protect your best interests and make the claims process clear and straightforward. 

Contact us for a case assessment, and we'll talk to you about how we may be able to help. Ask about whether you qualify for Legal Aid or if we can deal with your claim on a No Win, No Fee basis. 

Get in touch, today!

Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0800 260 5010

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Why choose our school abuse specialist solicitors? 

Our Child Abuse Solicitors have a national reputation for being compassionate, caring, and driven to get survivors the compensation they need to move forward. Members of our team have advised on national inquiries and are also members of the Association of Child Abuse Lawyers (ACAL) and follow its Code of Conduct. 

By choosing us, you can trust that we will: 

  • Listen with care and without judgement.
  • Treat your personal information with the utmost confidentiality.
  • Signpost you to specialist support organisations for practical and emotional support.
  • Explain everything in clear, plain English.
  • Keep you informed at every stage and explain what each decision means for you.
  • Handle the legal process so you can focus on yourself.
  • Respond promptly to your calls and emails. 

Our Child Abuse Solicitors have experience advising on Legal Aid funding and can explain whether it may be available in your circumstances. Legal aid is usually means tested, so eligibility will depend on your financial circumstances as well as the type of legal work involved. 

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FAQs

No. You can speak to us in complete confidence, and nothing is reported to your family or the school without your permission. Many survivors start the process privately, gather advice, and decide later whether and when to tell anyone else about what happened.

Can I claim if I don't have a diagnosed mental health condition, just ongoing struggles I've never had checked?

Yes. You do not need an existing diagnosis to bring a claim because we can arrange an assessment with an independent expert to document the psychological impact of the abuse. This medical evidence may then be used to support your claim, even if you have not previously sought treatment. 

The Criminal Injuries Compensation Authority (CICA) is a government-funded body that compensates survivors of violent crime, including childhood abuse, where the scheme's criteria are met.

In the case of child abuse in schools, especially in private institutions that may have closed down, CICA can provide a route for compensation. Contact us to see if you could have a criminal injury claim. 

The fact that a school has closed, merged or become an academy does not necessarily mean that you cannot bring a claim. Who may be legally responsible will depend on the circumstances, including how the school was operated at the time of the abuse and what has happened to it since.

Our team can investigate the history of the school and identify whether another organisation, Local Authority, academy trust, insurer or other body may be responsible. If a civil claim is not possible, we can also explain whether another route to compensation may be available. 

Outside of court proceedings, your claim will be handled confidentially, although your identity may need to be shared with those involved in dealing with the claim, such as the defendant and relevant legal or medical professionals.

If court proceedings become necessary, we may be able to apply for an Anonymity Order. Court proceedings are generally held in public, which means journalists and members of the public can attend hearings and report on them. An Anonymity Order can help protect your identity by preventing your name and other identifying details from being published or reported. Whether an order is granted will depend on the circumstances of your case. 

A civil compensation claim and a redress scheme are different ways of seeking compensation following abuse. A civil claim is brought against the person or organisation considered legally responsible and is dealt with through the civil justice system.

Some organisations or institutions may have separate redress schemes for people who experienced abuse in particular settings. If there is a redress scheme, each will have its own eligibility criteria, application process and approach to compensation.

If a redress scheme is available in your circumstances, our Child Abuse Solicitors can explain how it compares with making a civil claim and advise you on the options available to you. 

Who you bring a claim against will depend on the circumstances, including who was responsible for the school and the position held by the person who abused you or your child.

An organisation may sometimes be held responsible for abuse carried out by someone working for it or in a role closely connected to it. This is known as vicarious liability. Whether it applies will depend on the relationship between the organisation and the abuser and how closely the abuse was connected to the role they were given.

Our Child Abuse Solicitors can investigate who may be legally responsible and advise you on the most appropriate route for bringing a claim. 

The time limit for making a child abuse in school claim depends on the type of abuse you experienced.

For claims arising from childhood sexual abuse, there is no strict time limit for bringing a civil claim. However, it is still important to seek legal advice as soon as you feel able to, as evidence can become more difficult to obtain over time. In some circumstances, a Defendant may ask the court to dismiss a claim if they can show that a fair trial is no longer possible.

For other types of child abuse in school, including physical abuse, the usual time limit is three years from your 18th birthday, meaning court proceedings would normally need to be started before you turn 21. The court has discretion to allow a claim to proceed after this deadline, depending on the circumstances.

If you are applying for compensation through the Criminal Injuries Compensation Authority (CICA), different time limits apply. If the abuse happened when you were under 18 and it was reported to the police when you were an adult, you will usually have two years from the date it was reported to the police to make an application. 

Yes. You might be able to claim whether the abuse happened at a state school, private school, boarding school, or religious school, as the type of institution does not affect your right to compensation. If the school was privately run and has since closed, the CICA scheme or a redress scheme may provide your route to compensation instead. 

If the abuse was not carried out by a person in their role at the school, a school may still be legally responsible even if it says it did not know that abuse was taking place. Depending on the circumstances, the question may be whether warning signs were missed, safeguarding concerns were not acted on or reasonable steps were not taken to protect you or your child. 

Liability will depend on the facts of the case, including what the school knew or should reasonably have known at the time. Our Child Abuse Solicitors can investigate the available evidence and advise whether the school or another organisation may be legally responsible. 

Most child abuse in school compensation claims are settled out of court It would be rare for us to have to issue court proceedings, but if we do, you can trust that we'll provide all the support you need and fight tirelessly to get you the compensation and recognition you deserve. 

Compensation for child abuse varies. Factors that can influence the amount include: 

  • How the abuse has affected your life.
  • Whether you've suffered financially because of the abuse.
  • What type of extra support and treatment you may need in the future. 

We'll make sure your compensation settlement reflects the seriousness of what's happened to you and is in line with current laws and guidelines that apply to your case. 

You can report abuse to the police at any time, including where it happened many years ago. Whether you choose to do so is a personal decision, although a police report may provide useful evidence and can be important if you are considering an application to the Criminal Injuries Compensation Authority (CICA).

You do not usually need to have reported the abuse to the police before speaking to us about a compensation claim. 

Evidence in child abuse claims can sometimes be difficult to obtain, particularly where the abuse happened many years ago or there are limited records available.

Depending on the circumstances, evidence may include school, medical, social care or police records, witness evidence and expert medical evidence. We work with independent experts, including psychologists, psychiatrists and educational psychologists, where their evidence is needed to assess the impact the abuse has had.

We may also need to show that the organisation responsible for the school: 

  • owed you a duty of care,
  • breached that duty, and
  • that the breach caused or contributed to the harm you experienced. 

Our role is to gather and assess the evidence needed to establish liability and show the impact the abuse has had on you. In civil claims, the Court considers the evidence on the balance of probabilities, meaning whether it is more likely than not that the claim is proved. 

If your child is under 18, you may be able to bring a claim on their behalf by acting as their Litigation Friend. A Litigation Friend is someone appointed to conduct the claim in the child’s best interests.

You may also be able to act as a Litigation Friend for an adult who lacks the mental capacity to manage the claim themselves. Whether this is appropriate will depend on the individual circumstances. 

Your compensation claim will have no impact on any criminal case. And if your abuser was found not guilty in a criminal trial, you can still bring a civil compensation claim against them. 

The length of a child abuse in school claim will depend on the circumstances, including the complexity of the case, the evidence available and whether liability is disputed.

If you are applying through the Criminal Injuries Compensation Authority (CICA), the time it takes to receive a decision can vary depending on the circumstances of the case and the evidence required.

Civil compensation claims can also take several months or years to resolve, particularly where the abuse happened a long time ago, further evidence is needed or court proceedings become necessary. We will give you a realistic indication of timescales as your claim progresses. 

Possibly. Your school or the institution that runs it has a duty of care to protect you from all abuse, including peer-to-peer abuse. 

Potentially. Abuse does not necessarily need to have taken place on school premises or during normal school hours for a claim to be possible. For example, abuse may have happened during a school trip, residential visit, sports activity or another event connected with the school.

Where abuse happened in a different setting, whether the school or another organisation may be legally responsible will depend on the circumstances, including the abuser’s role and how the abuse was connected to that role.

Our Child Abuse Solicitors can consider what happened and advise you on who may be legally responsible. 

There is no right or wrong time to seek legal advice. When you feel ready, contact us on 0800 260 5010 or request a call back at a time that suits you. If we believe you may be able to make a claim, we'll explain your legal options clearly and help you decide on the next steps. 

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Get in touch, today!

Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0800 260 5010

By providing your details, you consent to being contacted by telephone in relation to this enquiry. This data will only be used by Simpson Millar in accordance with our Privacy Policy for processing your query and for no other purpose. Click here if you have a disability that requires reasonable adjustment to ensure access to our services.