Senior Associate Solicitor & Team Leader, Abuse Claims
Experiencing abuse as a child can affect every part of a person's life, even many years after the abuse has ended. For some survivors, it can take decades before they feel able to speak about what happened or consider taking legal action.
Many people wrongly believe that too much time has passed to claim compensation. Others assume they cannot make a claim because the person responsible has died, was never convicted or because the abuse happened while they were growing up.
In many cases, these assumptions are incorrect.
Depending on the circumstances, it may still be possible to seek compensation through the Criminal Injuries Compensation Authority (CICA), bring a civil compensation claim against an organisation that failed to protect you or, in some cases, pursue both.
Every case is different, which is why it is important to understand the options available before deciding how to proceed.
Yes, you may still be able to claim compensation even if the abuse took place many years or decades ago.
Many survivors are unable to disclose abuse immediately. There are many reasons for this, including fear, shame, trauma, manipulation by the person responsible or simply not feeling able to speak about what happened until much later in life.
The law recognises that abuse affects people differently, and the fact that the abuse happened a long time ago does not automatically prevent a claim.
Whether compensation is available will depend on several factors, including:
Every case should be assessed on its own facts.
There is more than one way to seek compensation for historic child abuse.
The most appropriate option will depend on your individual circumstances and the available evidence.
The Criminal Injuries Compensation Authority administers a government-funded compensation scheme for eligible victims of violent crime in England, Scotland and Wales.
A CICA claim may be appropriate where the abuse amounts to a crime of violence under the Criminal Injuries Compensation Scheme and the eligibility requirements are met.
The abuse must have been reported to the police. A criminal conviction is not usually required, but the CICA will normally obtain information from the police before deciding the application.
Some survivors may also be able to bring a civil compensation claim which is brought against an individual or organisation that may be legally responsible for the abuse or for failing to protect you.
For example, this may include claims involving:
Civil claims are assessed differently from CICA claims and, in some circumstances, may allow compensation to reflect the full impact the abuse has had on your life.
Some survivors may have both a potential civil claim and a CICA claim. Where this is the case, it is important to consider the advantages and limitations of each before deciding how to proceed.
To find out more about how we can help with a criminal injuries claim, get in touch with our compassionate and experienced team.
No. A criminal conviction is not essential to pursue compensation.
Many survivors report abuse to the police but, for a variety of reasons, no prosecution takes place or the criminal case does not result in a conviction.
For CICA claims, the Authority will obtain information from the police as part of its assessment, but it is not necessary for someone to have been found guilty in a criminal court before compensation can be awarded.
Unlike a CICA claim, a civil compensation claim does not require the abuse to have been reported to the police. Civil claims are decided independently of any criminal proceedings, meaning compensation may still be available even where there has been no police investigation, prosecution or conviction. Instead, the court will consider all of the available evidence and decide whether the claim is proven on the balance of probabilities. However, it depends on the type of case whether we would advise you to make a report to the police.
You may have heard about many historical abuse claims in the news over recent years. Some of these cases have been highly publicised, but what happens if you’ve survived abuse and you reported it, but no further action was taken?
In recent years, various Redress Schemes have been introduced in order to compensate, or provide redress, to people who have suffered abuse in certain institutions or at the hands of certain individuals.
The Home Secretary announced on Monday 22 May that a national redress scheme to compensate victims of child sexual abuse will be introduced in England.
Simpsonmillar.co.uk. (2024). Criminal Injury Compensation Claims. [online] Available at: https://www.simpsonmillar.co.uk/abuse-claims-solicitors/criminal-injury-compensation-claims/.
Simpsonmillar.co.uk. (2024). Suing an Individual Abuser. [online] Available at: https://www.simpsonmillar.co.uk/abuse-claims-solicitors/suing-an-individual-abuser/.
Simpsonmillar.co.uk. (2024). Abuse In Local Authority Care Claims | Suing Social Services. [online] Available at: https://www.simpsonmillar.co.uk/abuse-claims-solicitors/abused-whilst-in-the-care-of-a-local-authority/.
Simpsonmillar.co.uk. (2024). Claims For Physical & Sexual Foster Home Abuse. [online] Available at: https://www.simpsonmillar.co.uk/abuse-claims-solicitors/abuse-in-foster-home/.
Simpsonmillar.co.uk. (2019). Religious Abuse. [online] Available at: https://www.simpsonmillar.co.uk/abuse-claims-solicitors/religious-abuse/.
Simpsonmillar.co.uk. (2019). Emotional, Physical & Sexual Abuse In Sport Claims. [online] Available at: https://www.simpsonmillar.co.uk/abuse-claims-solicitors/sports-abuse/.
www.simpsonmillar.co.uk. (2023). Physical and Sexual Abuse Claims | Simpson Millar Solicitors. [online] Available at: https://www.simpsonmillar.co.uk/abuse-claims-solicitors/.
Legislation.gov.uk. (2026). Crime and Policing Act 2026. [online] Available at: https://www.legislation.gov.uk/ukpga/2026/20/contents.
Nathalie is deeply committed to helping survivors both in and out of the courtroom. She fought for justice, representing survivors as part of the Independent Inquiry into Child Sexual Abuse (IICSA). During this inquiry, she collaborated closely with Counsel to explore the much needed changes to the law on limitation, the potential for a national redress scheme, and suggested changes to the current Criminal Injuries Scheme.
She's also very experienced with redness schemes. Nathalie has helped survivors through the Lambeth Redress Scheme and another scheme started by the Estate of Michael Studdert. Additionally, she played a key role in group actions against Manchester City Council, representing survivors who suffered abuse in children’s home in Manchester.
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