If you have clear evidence that you were a victim of Church of England sexual abuse, then you could be entitled to make a claim. In this guide, we will look at the process of making a criminal injury claim.
Church of England Sexual Abuse Guide
The guidance on safeguarding of children and vulnerable adults is outlined by the House of Bishops. The Independent Enquiry into Child Sexual Abuse released a report on Safeguarding in the Church of England. It identified failings in the Church’s engagement with victims and survivors of the abuse.
You could claim criminal injury compensation for sexual abuse through a vicariously liable party. This means that you could be compensated by an organisation if their negligence caused the breach to happen.
If you are eligible for compensation, Legal Expert can provide you with a skilled criminal solicitor to handle your claim. Please contact Legal Expert today to make your enquiry:
- Call us on 0800 073 8804
- Write to us using our online claim form
- Use the web chat widget below to contact us
Select A Section
- What Is The Church Of England Sexual Abuse Scandal?
- Could I Claim If I’m A Victim Of Church Of England Sexual Abuse?
- How Can Claims For Historic Sexual Abuse Be Made?
- How Long Do I Have To Make A Claim For A Criminal Injury?
- Compensation Examples For Sexual Abuse
- Contact Us If You Have Been The Victim Of Church Of England Sexual Abuse
What Is The Church Of England Sexual Abuse Scandal?
In 2020, the Independent Inquiry into Child Sexual Abuse (IICSA) found that 390 members of the clergy or church leaders were convicted of sexual offences between the 1940s and 2018.
Additionally, dioceses in England received reports of 2,504 safeguarding concerns in 2018. The victims of abuse were children or vulnerable adults. The Church of England abuse inquiry heavily criticised the institution, saying that an internal culture often protected perpetrators and failed to provide victims with adequate support.
Source: https://www.bbc.co.uk/news/uk-54433295
What Is Mandatory Reporting?
Mandatory reporting is the term used to describe the legal requirement for certain parties to raise concerns about abuse. There is currently no legal requirement for those who work with children to report known or suspected abuse or neglect.
The IICSA recommended that legislation be put in place to mandate that certain individuals have a legal requirement to report child sexual abuse in specific circumstances. Failure to do so would be a criminal offence.
The government has released advice on Working Together to Safeguard Children. According to this, anyone concerned that a child is suffering significant harm or is likely to do so should immediately make a referral to a local social care authority.
Child abuse incidents can be reported at this link. If you would like guidance about claiming compensation for potential Church of England sexual abuse, speak with an advisor today.
Could I Claim If I Am The Victim Of Church Of England Sexual Abuse?
If the negligence of someone who owed you a duty of care resulted in you being abused, then you could claim compensation for the harm you were caused. Certain institutions, such as schools or religious institutions, might owe a duty of care in certain situations.
A duty of care means that someone is responsible for your safety. If this is breached, resulting in an instance or a series of sustained abuse, then you could be entitled to claim compensation.
This would be an example of claiming against a vicariously liable party. These kinds of claims occur when the defendant is not the party who committed the act, but instead is a party whose negligence allowed the abuse to happen.
For example, if you experienced sexual abuse in a school, then it may be that the school itself bears responsibility for this. For example, if the teacher who sexually abused you was hired without a DBS check that would have highlighted previous convictions and stopped them from being hired, then you could claim against them.
However, there are other channels available to criminal injury victims to claim compensation. Continue reading to find out more, or call our team with any questions you have.
How Can Claims For Historic Sexual Abuse Be Made?
The Criminal Injuries Compensation Authority (CICA) allows victims of sexual abuse, incluing historical abuse, to claim compensation for the harm they were caused. However, the CICA should always be used as a last resort; they might not consider your claim if they feel that there is another channel through which you could pursue compensation.
For example, you may be able to:
- Claim against the criminal directly. You would need to know who they are and they would need to have the funds to compensate you.
- Claim against a vicariously liable party. For example, this could be a religious institution, a school or an employer.
If you have clear evidence that you were harmed by Church of England sexual abuse, but you’re unsure which channel to make a claim through, speak with an advisor today.
How Long Do I Have To Make A Claim For A Criminal Injury?
The time limit for claiming for potential Church of England sexual abuse woudl vary depending on how the claim is made. For example, if you claim through the CICA the time limit is generally two years from the date of the incident. However, if exceptional circumstances meant that you weren’t able to start your claim within this time limit, then your claim could still be considered.
If you’re claiming directly against the perpetrator of abuse or against a vicariously liable party, then the time limit for claiming is generally three years. This can vary, however. For example, if the claimant lacks the mental capacity to pursue their own claim, then a litigation friend can do so for them and no time limit applies.
There may be similar exceptions in cases where the person who was abused is under the age of 18. For guidance on the time limit that applies to your case, speak with an advisor.
Compensation Examples For Sexual Abuse
If you make a successful sexual abuse criminal injury compensation claim for negligence, you can receive two heads of claim. General damages relate to the pain and suffering that your injuries have caused you. On the other hand, special damages aim to compensate you for the financial impact of your injuries, such as loss of earnings.
Legal professionals use the Judicial College Guidelines (JCG) to help them value settlements. This is a document containing a range of guideline compensation brackets for mental and physical injuries. We’ve used these to create the table below:
| Injuries Or Harm Caused | Severity | Injury Notes | Damages |
|---|---|---|---|
| Physical Abuse, Sexual Abuse Or Both | A – Severe | The injured party has suffered serious abuse and/or psychiatric injuries. Awards at the top of the bracket may be made if the abuse impacted the person’s ability to cope with work, education and relationships. | £45,000 to £120,000 |
| Physical Abuse, Sexual Abuse Or Both | B – Moderate | Less serious abuse as well as less severe psychological reactions. There are fewer impacts on relationships, work and education. | £20,570 to £45,000 |
| Physical Abuse, Sexual Abuse Or Both (c) | C – Less Severe | The abuse was short-lived and at a lower level of seriousness. Any psychological impacts are resolved quickly or are mild. | £9.370 to £20,570 |
| Mental Injuries/ Harm | A – Severe | There could be permanent effects on the injured person’s ability to cope with life, education, employment or relationships. | £54,830 – £115,730 |
| Mental Injuries/ Harm | B – Moderately Severe | This person was impacted in a similar way to those above, but has a more optimistic prognosis. | £19,070 to £54,830 |
| Mental Injuries/ Harm | C – Moderate | This person has a better overall prognosis and they could or will make improvements. | £5,860 to £19,070 |
| Mental Injuries/ Harm | D – Less Severe | What compensation may be paid depends on the degree of disability suffered and the impact this has had on the affected person’s day to day life. | £1,540 to £5,860 |
Special damages will require evidence in support of them. For example, if the long-term impact of sexual abuse means you’re unable to work, you could claim for the loss of earnings this results in. If you need counselling that you can’t get on the NHS, your claim could include the cost of this.
If you would like to know more about the process of making a potential claim if harmed by Church of England sexual abuse, speak with an advisor today.
Contact Us If You Have Been The Victim Of Church Of England Sexual Abuse
You can contact Legal Expert if you have clear evidence that you have experienced Church of England sexual abuse. An advisor can let you know if you are eligible to claim. Everything you say to us will be in the strictest of confidence, and we will handle your call sensitively.
Moreover, your solicitor can offer you a No Win No Fee agreement. This means that they generally won’t ask for an upfront fee to start your claim, or any payments as the claim progresses.
If you don’t receive any compensation for your claim, you usually won’t have to pay them for the work they’ve done. However, if your claim is a success, they will deduct a success fee from your settlement. This is legally capped so they cannot overcharge you.
Please get in touch with us today to see if you can make a sexual abuse claim for compensation.
- Call our criminal injury claims advice line on 0800 073 8804
- Use our Advice widget to ask us a question
- Complete our online claim form in confidence
Resources For Victims Of Historical Sexual Abuse
This information might be helpful if you suffered sexual abuse during your childhood.
The Church Of England Interim Support Scheme
The NSPCC’s non-recent abuse guide
Help from Victim Support for those who have experienced sexual abuse
Claiming For Criminal Injuries Without Pressing Charges
A Guide To Claiming Compensation Against Social Services After Sexual Assault
Working With Domestic Violence Solicitors
Thank you for reading our guide on the options available to those who have experienced Church of England sexual abuse.
Written by Chelache
Edited by Stocks
