Can I Claim For Sexual Abuse That I Or My Child Suffered At School?

Sexual abuse can have severe and long-lasting repercussions on an individual’s mental, physical, relational, and social well-being. The impacts can vary in significance depending on the individual for both physical injuries and psychological damage, such as their age at the time of the abuse, who the abuser was and the nature of the abuse itself. When it’s child abuse, it can cause devastating fallout for the child well into adulthood. This guide unpacks sexual abuse at school claims, and how compensation could be claimed for such cases. Let us help you or your child balance the scales by assisting you in securing sexual abuse compensation.

Here at Advice, we understand the gravity of your situation and the consequences that accompany such a serious crime. Our solicitors have both the openness to listen to your story as well as the ability to make deliberate and strong decisions when it comes to the success of your sexual abuse claim. They could also work on your claim on a No Win No Fee basis. Get in touch with us today to take the first step by using the contact details below:

Contact Us

• Phone us on 0161 509 2856
• Contact us online
• Click on the chat button to speak with an advisor. 

Frequently Asked Questions

1. Can I Claim For Sexual Abuse At School?
2. How Much Compensation Can I Get For Abuse At School?
3. What If The School Is Not Liable For The Sexual Abuse?
4. What Are The Time Limits When Claiming School Sexual Abuse Compensation?
5. Can I Claim For Sexual Abuse In School On A No Win No Fee Basis?
6. Learn More

Can I Claim For Sexual Abuse At School?

Yes, you can claim for sexual abuse at school if you can prove your child suffered the sexual abuse due to the school not taking the necessary steps to protect your child’s safety. Specifically, you might be able to claim against the school as the vicariously liable party if your case meets the following:

• The school owed you a duty of care
• They breached this duty
• This resulted in you suffering harm in the form of sexual abuse  

Under the Children Act 1989 and the Children Act 2004, childcare providers, such as schools, have a duty of care to safeguard children while in their care. If sexual abuse takes place, this can amount to a breach of that duty.

Additionally, under the Health and Safety at Work etc. Act 1974, employers (such as schools) have a duty of care to protect those affected by their operations, including the children they look after.

Furthermore, under the Sexual Offences Act 2003, any act of sexual abuse with constitute as a criminal offence and a conviction may support a civil compensation claim.

To give you a clear picture of what a breach of duty of care can look like in a school setting, resulting in sexual abuse, please take a look at the following example:

• The school did not perform a DBS on a new member of staff, which would have flagged that they had previous conviction for child sexual abuse, and would have prevented them from being hired. This lead to a child being sexually abused by them.

Historical School Sexual Abuse Claims

Historical school sexual abuse claims could be made by those who are currently over the age of 18, but experienced sexual abuse in a school while as a minor. However, you would still need to ensure that you suffered harm due to the school not adhering to their duty of care and taking steps to ensure your safety.

Seeking justice for sexual abuse occurred a long time ago can be a traumatic process, and you deserve to have the correct type of support. Let us help you, by contacting us today.

How Much Compensation Can I Get For Abuse At School?

The amount of compensation you can get for abuse at a school is determined by the severity of the harm suffered. and whether any financial losses have been incurred.

Those calculating the physical and psychological harm suffered in sexual abuse at school claims can make reference to the Judicial College Guidelines (JCG). This document lists guideline compensation brackets for different types of harm.

Below, we have used the JCG’s entries relevant to sexual abuse. Please note that these are only guidelines, and the first entry has not come from the JCG.

Compensation Brackets

1. Multiple Very Severe Instances of Harm plus Special Damages – Up to £500,000+ – Multiple very severe instances of harm plus special damages, including loss of earnings, medical expenses and private therapy sessions.
2. Sexual Abuse: Severe – £109,830 to £183,050 – The claimant will have suffered both serious abuse over a prolonged period and severe or moderately severe and prolonged psychiatric injury. 
3. Sexual Abuse: Moderately Severe – £54,920 to £109,830 – This level of award will cover cases where either the claimant has suffered serious abuse over a prolonged period or severe or moderately severe and prolonged psychiatric injury, not both. 
4. Sexual Abuse: Moderate – £25,100 to £54,920 – This compensation bracket involves abuse which is less serious and prolonged, and there is a less severe psychological reaction with fewer effects on education, work, or relationships.
5. Sexual Abuse: Less Severe – £11,870 to £25,100 – This level of award covers abuse that is a lower level of seriousness and short-lived, and the psychological effects are quickly resolved or mild in nature, or the prognosis for resolution with treatment is very good.

Can Sexual Abuse At School Claims Cover Financial Losses?

Yes, sexual abuse at school claims can cover financial losses, including past and future expenses via special damages. Special damages can compensate you for any financial losses you have experienced due to you or your child being sexually abused, such as:

• Loss of earnings
• Loss of future earnings
• Medical bills
• Travel expenses
• Care from loved ones or professionals

Please take careful note of the fact that you must be able to prove that you incurred these financial losses. You can do this by providing your solicitor with documented costs in the form of payslips, receipts and invoices.

Do you want to know if you qualify for special damages? Ring us today and we will assess your eligibility for this head of claim.

What If The School Is Not Liable For The Sexual Abuse?

If the school is not liable for the sexual abuse, then you may be able to make a criminal injury compensation claim through the Criminal Injuries Compensation Authority (CICA).

The CICA is a government agency which pays compensation to those who have been physically or mentally injured by violent crime in England, Wales and Scotland. You must meet specific eligibility criteria, which are:

• The school sexual abuse happened in England, Scotland, Wales or another relevant place.
• You reported the incident to the police and have the police reference number to prove it. Notably, you do not need to wait for a conviction to begin the process.
• The claim must be started within 2 years of the incident (certain exemptions may apply).
• You sustained physical or mental injuries as a result of a violent crime. This is includes an attack, the threat of an attack where there is reasonable firmness to fear or expect harm, an act that is violent resulting in damage, sexual assault and arson, as defined in the Criminal Injuries Compensation Scheme 2012 (CICA Scheme) under Annexe B.

The CICA School Sexual Abuse Tariffs

The CICA school sexual abuse tariffs are fixed amounts with the CICA Scheme, meaning that you would receive exactly what is listed for the injury you have suffered.

Specifically, under the CICA, you could receive compensation for up to 3 injuries via the multiple injuries formula. In simple terms, this means you would receive:

• 100% of the tariff amount for your highest valued injury
• 30% for the second
• 15% for the third

Moreover, additional payments not subject to this formula could be made if the incident resulted in you losing a foetus, becoming pregnant or contracting an STI.

Notably, you may also be eligible for special expenses for any money you have lost because of suffering sexual abuse at school. Special expenses can cover things like:

• Damage to physical aids such as glasses or hearing aids
• Costs of care, such as supervision needed for your injuries
• The costs of any mobility equipment you may require

Any special expenses must be supported by documented evidence, such as bank statements and invoices.

CICA Tariffs

Below, we’ve provided you with some examples of CICA payouts from this tariff. Please be aware that the first figure in our table would be the maximum amount of compensation you could receive from CICA.

1. Multiple Severe Injuries + Special Expenses – Up to £500,000 – Multiple, severe injuries and special expenses, as well as lost earnings.
2. Non-consensual penile penetration of a minor – £44,000 – The injured person will have suffered serious internal bodily injury and a subsequent permanent and disabling mental illness, which is deemed severe by psychiatric prognosis.
3. Non-consensual penile penetration of a minor – £33,000 – There will be serious internal bodily injury plus permanent disabling moderate mental illness, which will have been confirmed by psychiatric prognosis.
4. Non-consensual penile penetration of a minor – £27,000 –  The injured individual will have suffered from a permanently disabling severe mental illness, which a psychiatric prognosis will have confirmed.
5. Sexual Assault of a Minor: – One or more of non-penile penetrative or oral genital act(s) – £27,000 – Resulting in a permanent and disabling mental illness that is considered severe by psychiatric prognosis.
6. Sexual Assault of a Minor: – One or more of non-penile penetrative or oral genital act(s) – £22,000 –  The result is a permanent and disabling mental illness that qualifies as moderate via psychiatric prognosis.
7. Sexual Assault of a Minor: – One or more of non-penile penetrative or oral genital act(s) – £22,000 – This results in the injured person suffering serious internal bodily injuries.

If you have any questions about sexual abuse at school claims through the CICA, such as wanting to learn more about the criminal injuries compensation scheme, we can assist you. Contact us today.

What Are The Time Limits When Claiming School Sexual Abuse Compensation?

The time limits for claiming school sexual abuse compensation is 3 years for a civil claim against a vicariously liable party (such as a school) or 2 years if claiming through the CICA.

The 3-year time limit for civil claims is set out within the Limitation Act 1980, and runs from the date the incident took place. However, those under the age of 18 cannot make their own claim. They will have 3 years to do so from their 18th birthday. In the meantime, a litigation friend could claim on their behalf.

For CICA claims, the 2-year time limit runs from the date the incident took place. Exceptions could be made if exceptional circumstances prevented you from claiming within this time. For child claims made through the CICA, the time limits are as follows:

• If the incident was reported to the police – the 2 year time limit runs from their 18th birthday, unless exceptional circumstances apply.
• If the incident was not reported to the police prior to their 18th birthday – the 2 year time limit runs from the date the report is made. It will also need to be demonstrated that exceptional circumstances prevented this report being made sooner.

To see whether your case is still within the time limit for claiming, you can contact our advisors.

Can I Claim For Sexual Abuse In School On A No Win No Fee Basis?

Yes, you can claim for sexual abuse in school on a No Win No Fee basis if your claim satisfies the eligibility requirements. Specifically, our solicitors offer a Conditional Fee Agreement, which means:

• You will not pay for solicitors’ service fees if your claim fails
• You will not pay for solicitors’ service fees while your claim is ongoing
• And there will be no upfront solicitors’ service fees to pay

If your sexual abuse at school claim wins, you will pay something called a success fee. This fee is deducted from the compensation you receive at the end of a successful claim. Don’t worry, the success fee is capped at a legally limited percentage under the Conditional Fee Agreements Order 2013. 

Our Support Services

Here at Advice, we want to give you access to our support services as soon as possible. If you decide to work with us, we will:

• Tell you how strong your sexual abuse claim is and its likelihood of success
• Negotiate your compensation
• Get access to medical treatment that might not be available on the NHS
• Help you gather evidence and ensure your claim is submitted within the time limit
• Get access to an independent medical assessment to fortify your case

Contact Our Team Of Advisors

If you want to secure compassionate and experienced legal representation with one of the solicitors here at Advice, get in touch using the contact details below.  We will provide you with fast and clear guidance on all your FAQs regarding sexual abuse claims.

• Phone us on 0161 509 2856
• Contact us online
• Our live chat is bot-free; you’re just a click away from talking to a dedicated advisor.

Learn More

Some more of our guides:

• Read our guide on claiming compensation for sexual abuse by a family member. 
• Take a look at our guide on claiming for sexual abuse by a family friend. 
• Have a read of our guide on claiming for sexual abuse by a father. 

To broaden your knowledge, consider these external resources:

• Read this NHS resource on help after rape and sexual assault. 
• Read some guidance on support for victims of sexual violence and abuse from GOV.UK. 
• Read up on how to report a crime from POLICE.UK. 

Thank you for taking the time to read our guide on sexual abuse at school claims.