Schools should be safe, happy, places where children and young people can learn and develop and form positive friendships and relationships.
As children, we spend a huge amount of time in education and when we have negative experiences at school this can have devastating effects that stay with us into adulthood.
Unfortunately, abuse in schools is not uncommon and is not something that only happened years ago. While the general public have increased awareness about abuse and those employed in schools are subject to more vigorous safeguarding checks than they were in the past, abuse still happens.
There are also many people who have still not come forward to report abuse that happened to them at school, college or even university.
Usually where you have suffered abuse in an educational setting, the claim will be brought against the organisation who owns or runs the school or college. Often this will be the local authority.
Some schools may be privately owned. Universities in England and Wales are not publicly owned and the claim will normally be brought against Trustees of the university.
Yes. The law applies equally to both the public and private sector.
Most claims for abuse in education are actually brought many years after the abuse occurred. It is part of our job to investigate the school and establish whether it still exists.
Sometimes educational establishments change their name, have a change of ownership or move to a different address.
It may be that the school closed many years ago and the building has been demolished, but this does not necessarily mean that you cannot claim.
Our solicitors are experienced in investigating historic abuse claims. We will undertake thorough enquiries to work out who the claim should be brought against and to obtain the information we need to pursue the case.
Certainly not! It is not unusual for a child or young person at school who is suffering abuse to ‘go off the rails’ or for their school performance or behaviour to decline.
In fact, evidence of this in your records can often support your case if the timing fits with when you say the abuse was happening.
Yes. As the parent you will be able to deal with the claim on behalf of your child. Where a person under 18 brings a claim for compensation, they need to have what is known as a ‘Litigation Friend’.
If any compensation is recovered, it will in almost all cases be held by Court in a special account until the child reaches 18.
Frequently Asked Questions
How can I make a claim?
This area of the law is highly specialised, and it is important to have a solicitor who has experience pursuing claims for compensation for sexual and physical abuse and assault.
Whilst these claims are personal injury claims, there are many aspects that differ from general personal injury claims.
Oakwood Solicitors has lawyers who between them have over 20 years of experience in recovering compensation for survivors of abuse.
You can contact us for a free no-obligation chat. 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 do all the work for you, keeping you informed at every stage.
Who can bring a claim?
If you suffered sexual or physical abuse in the UK you may be able to pursue a claim.
It does not matter if the abuse occurred many years ago. 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.
How long will my case take to run?
Generally a civil claim for abuse or assaults can be concluded within 6-12 months. We will provide you with regular updates as your claim progresses.
Once we have been able to asses your case, we will give you an idea at the outset of the likely timescale.
It will very much depend on what evidence we need to gather, who we are bringing the claim against and also whether the claim can be settled without court proceedings.
Will I have to face my abuser?
It is very unlikely that you will have to face your abuser, either in court or at any point in the claim.
Most claims are brought against the institution or organisation rather than the individual abuser themselves.
The claim will be handled by the organisations insurers or solicitors. It is unusual for the person who abused you to have to give evidence in a civil case.
How much compensation will I receive?
Each claim is different. 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:
How will my case be funded, and will I have to pay any legal fees?
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.
Can I get an apology?
This is something we are asked about a lot. No sum of money will take away the pain for what has happened and for many people, bringing a claim is about closure or having some acknowledgement that what happened to them was wrong.
In many cases we have been able obtain a written acknowledgement and apology from the Defendant as part of any settlement.
Why choose Oakwood Solicitors?
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 and claim and 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.
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