Can I Get Compensation for Historic Abuse?

Suing an Organisation

An alternative option would be to consider suing an organisation if they failed in their duty of care towards you. This could be any organisation that has a connection to your abuser in some way.

For example, if you were in a care home run by the local authority at the time of the abuse, you may be able to sue the local authority if they failed in their duty of care towards you. It may be that you reported the abuse but the allegations weren’t taken seriously or perhaps the abuse took place at the hands of an employee who wasn’t properly vetted before being hired. 

Every case will be different but if there is a possibility that an organisation is responsible in some way for the abuse that you experienced, raising legal proceedings against them may be a viable option to help you to obtain the compensation that you are entitled to and that you deserve.

Compensation from the Criminal Injuries Compensation Authority

The Criminal Injuries Compensation Authority is more commonly referred to as the CICA. They administer a Scheme known as the Criminal Injuries Compensation Scheme which is designed to compensate victims of violent crime in Great Britain. The organisation is run by the government who assess if applicants are eligible and then assess the appropriate value of any award.

It is recognised by the CICA that no amount of compensation can ever make up for the harm and suffering caused to a person through violent crime, however their injury awards are intended to be an acknowledgement of the harm and suffering that was sustained in addition to being a gesture of public sympathy.

Importantly, the abuser doesn’t have to have been convicted of, or even charged with the crime for you to be able to obtain compensation through CICA. You may be eligible for compensation through the CICA if you have been the victim of a physical or sexual assault.

An application must normally be made within two years of the incident. However, in exceptional cases, this time limit can be extended. An example of this may be  if you’re making a claim for abuse you suffered as a child. In these cases, the CICA may look at records from the past that the Local Authority has about your case, especially if you didn’t report the abuse to the police at the time.

The details of the crime and injuries that must be entered on the claim form are very important and if you’re making a claim, it’s best to obtain specialist legal advice from an Abuse Claims Solicitor who can assist you with this.

Time Limits for Historic Childhood Abuse

There are time limits for bringing a civil claim and in certain circumstances you can bring a claim out of time. We will be able advise you about this in more detail during our initial call.

Our expert team will be able to help to assess whether you are still able to make a claim arising from historical abuse as this will vary from case to case and very much depend on the individual circumstances in each case. Once you contact us, we will assess this and let you know if we’re able to proceed with a claim on your behalf, if you still wish to do so.

What if I Lived with My Abuser?

Many victims of historic child abuse may be put off claiming compensation because of the “same roof rule”. This meant that they couldn’t claim compensation from the CICA if the criminal injury was sustained before 1st October 1979, and the victim and the abuser were living together as members of the same family when the child abuse took place.

However, this controversial rule has since been abolished in recognition of the fact that victims of historic child abuse may have had no choice as to where and who they lived with as a child. This cleared the way for people who had previously been denied compensation to make a fresh application to the CICA..

What If I Know Someone Who Was Abused?

As awareness grows around historical abuse, supporting friends or family members who have been through such a traumatic experience is incredibly important. Knowing how to provide compassionate supportcan make a significant difference in their journey toward healing and justice.

Although you can never take that experience away from your loved one, there are some things that you can do to support them going forward. Some of these things may include:

• Believing them and validating their experience – you should always reassure a survivor of abuse that you believe them without judgement and that they are not alone. You can acknowledge their courage and bravery in sharing their experience with you.
• Encourage them to seek professional help and support – this may include things such as, but not limited to, therapy or counselling which could help in recovering from the emotional aftermath of abuse. Trained professionals can offer specialised guidance, creating a safe space for survivors to express their feelings and work through the trauma that they have experienced.
• Respect their decision regarding potential legal action and understand that legal action is a personal choice. Survivors of abuse may need time to decide whether to pursue legal action and that’s okay.
• Provide emotional support - offer a listening ear and emotional support without pushing for details. This will allow survivors to share at their own pace and comfort level. Express empathy and avoid offering unsolicited advice. Sometimes, a supportive presence speaks louder than words.
• Assist in practical matters – this could include things such as, but not limited to, finding helpful resources, accompanying your loved one to appointments, or helping with day-to-day tasks. These gestures can reduce some of the stress survivors may be experiencing.
• Respect their boundaries and be mindful of triggering topics. An easy way to do this is simply by asking for your loved one’s consent before discussing sensitive issues and being patient with them.
• Encouraging your loved one to connect with support networks, whether through survivor groups, advocacy organisations, or online forums.
• Promote self-care – help your loved one take care of themselves and encourage activities that promote wellbeing. This may include exercise, mindfulness practices, or engaging in hobbies that bring comfort and joy.
• Be patient and persistent - healing from historical abuse is a process that takes time. Be patient, persistent, and consistently available as a source of support. Understand that unfortunately recovery is not linear.

In supporting friends or family members who have suffered historical abuse, you contribute to their journey of healing and empowerment.

If you have been affected by any of the issues raised in this article, you can contact one of the below organisations for help:

• Support for Survivors – can be contacted on 0115 962 2722 or by email at [email protected]. Further information can be found on their website at supportforsurvivors.org
• The National Association for People Abused in Childhood (NAPAC) – can be contacted by telephone on 0808 801 0331 or by email at [email protected]. Further resources are available on their website at napac.org.uk