Abuse in Children’s Homes

If you or someone you know has suffered abuse in a children’s home, you can contact us to discuss a claim.

We will will advise you whether you are eligible to make a claim and the likely level of damages. If you decide to pursue the claim we will keep you informed at every stage.

If you suffered sexual or physical abuse or assaults in a children’s home you may be able to claim damages in the form of monetary compensation.

If the person who suffered abuse is under 18, the claim can be brought by a parent or close relative. Similarly, if the person who was abused is unable to speak to us due to old age or disability, a close family member can seek advice for them.

Whilst there are time limits in relation to claims for compensation, the law does allow claims to be brought many years out of time.

There are various factors that the court will take into account when deciding whether a claim can proceed out of time.

The key issue is whether the court can still fairly deal with the case despite the delay.

There are a number of things that the court will consider in order to decide whether there can still be a fair trial. These include:

• Whether any witnesses are still available
• Whether any relevant documents still exist
• The reasons for the delay in bringing the claim
• The conduct of the Defendant

Your solicitor will advise you regarding your own case and the evidence we will need to get around any time limit issues.

Any claim for compensation will need to be brought against the organisation or body that owned or managed the home, whether this is the local authority, a charity or private company. Some children’s homes are run by religious organisations.

Each claim is different, but we will assess your claim and give you an idea at the outset of the likely compensation you can expect to receive.

A civil claim for sexual or physical abuse can include the following types of compensation:

• General damages – An award of money for the abuse/assaults themselves and for the pain, suffering and any psychological effects.
• Special damages – An award for any specific financial losses we can prove, such as loss of earnings or the costs of any treatment or counselling.
• Aggravated damages – An additional award of money in certain cases where the court considers that there has been additional distress caused by the manner in which the abuse occurred.

Generally, civil claims for compensation take around 6-18 months to conclude. Cases can take longer, especially if court proceedings need to be issued.

We will keep you updated each step of the way, and once we have been able to assess your claim we will be able to give you a better idea of how long it may take.

We will make every effort to settle your claim without the need to involve the court at all, and most cases do.

Sometimes we will advise that court proceedings should be issued and even where proceedings are issued, a final court hearing is the very end stage and your case can settle in advance of this.

In fact, we would estimate that over 95% of abuse claims where court proceedings are issued, settle before trial.

The majority of abuse claims are funded by a Conditional Fee Agreement (CFA). This is also known as a ‘no-win, no-fee’ agreement.

The way these agreements work means that you do not have to pay anything to us upfront. If you successfully recover damages, the majority of your costs will be paid by the other side.

You may have to contribute to costs out of any compensation recovered, but this will not be more than 25%.

We may advise you to take out After the Event (ATE) Insurance in your claim, depending on the case.

If we consider that this should be taken out we will discuss this in detail with you. Any ATE premium will only be payable if you win and will not need to be paid until the end of the claim.

The criminal process if different to the civil claims process.

There are different evidential burdens in both processes, so just because the police did not take you complaint any further, it does not mean that you cannot pursue a civil claim.

The police may still have evidence that will support your civil claim, even if it was not enough for a criminal prosecution.

At Oakwood Solicitors, we have dedicated lawyers with over 20 years of experience, acting for survivors of sexual and physical abuse.

We understand how difficult it can be to bring a claim, and we are committed to dealing with your case in a sensitive way.

You will have a dedicated solicitor who will deal with your claim from start to finish, and who will be able to speak to you at times convenient to you – even if this is outside our normal office hours.