I Was Sexually Abused In School – Can I Claim Compensation?
By Danielle Jordan. Last Updated 21st April 2023. On this page, you will find a detailed guide to the process of making a personal injury claim for a child that has been sexually abused in school. We look at claiming sexual abuse compensation on behalf of your child and the role of a litigation friend in child injury claims.
Sexually Abused In School Guide
Additionally, we look at historical abuse claims and liable parties in sexually abused at school claims.
If you decide to make a claim for sexual abuse in the UK, you may wish to do so with the support of a solicitor. Our solicitors have years of experience handling claims and could potentially help you.
To contact us for free legal advice:
- Call 0800 073 8804
- Start your claim online
- Use the live chat at the bottom of the screen.
Select a Section:
- What Is Sexual Abuse Or Harassment In A School
- School Abuse Claims – Do I Need to Present Evidence?
- Who Is Liable In Cases Child Abuse In Schools?
- Is There A Time Limit For Claiming For Sexual Abuse In Schools?
- Sexual Assault Compensation – Mental Health Compensation Calculator
- No Win No Fee Claims For Sexual Abuse In Schools
- Resources And Links
What Is Sexual Abuse Or Harassment In Schools?
Compensation for sexual abuse victims and assault victims could be claimed for if your child suffered sexual abuse or harassment in school. If you could prove the incidents occurred due to the school breaching their duty of care, you could potentially claim against them directly.
For example, the school should perform sufficient background checks to ensure that every teacher is safe to work with children. If they failed to do this, the school could be considered negligent if the same teacher sexually harasses your child.
Sexual harassment in schools can include:
- Sexual gestures or jokes
- Suggestive comments or unwanted flirting
- Spreading rumours of a sexual nature or asking intrusive questions about someone’s sex life
- Displaying images of a sexual nature
- Stalking or indecent exposure
- ‘Upskirting’ – This involves taking a video or photo under another person’s clothing.
If your child’s teacher has performed acts like the ones above, a child injury claim may be able to made for the trauma.
School Abuse Claims – Do I Need to Present Evidence?
If you were claiming through the CICA, the only evidence you may need to present is listed below. If the CICA requires anything else, they will liaise with the police.
- A police crime number
- A medical report of your injuries
- Proof you fulfil the residency requirements
- Evidence of your financial losses, or special expenses if you were claiming for them
A personal injury claim can be different. If a school abuse claim is made directly against a school, you would need to prove that the school was liable for the sexual abuse at school.
You may be required to present evidence such as:
- Any relevant correspondence between you and the faulting party
- Medical reports
- Visual evidence such as images or videos
There are further types of evidence that could be helpful to your claim. Please reach out to a member of our team to learn more about school abuse claims.
Who Is Liable In Cases Child Abuse In Schools?
Whenever a school allows a case of sexual abuse to occur, they could be liable to pay damages. This includes in physical abuse in schools by teachers claims as well as sexually abused in school claims.
Payouts for historic school abuse claims might need to be made through the CICA. If the school is still operating, then they will be liable to pay damages. However, if the school is no longer in operation, you may need to claim against Criminal Injuries Compensation Authority (CICA). This is a special Government body that is in place so that victims of criminal activities have a way to claim compensation if the person or legal entity that caused the damage cannot be claimed against.
Call our advisors for free advice about historic school abuse claims.
Is There A Time Limit For Claiming For Sexual Abuse In Schools?
If you suffered due to school abuse and would like to claim, you may be interested in the claims for criminal injury compensation time limit.
If you are claiming through the CICA, a two-year limitation period typically applies from the time the incident was first reported to the police. This should be as soon as possible after the incident.
However, if exceptional circumstances meant you could not report the incident right away or prevented you from claiming within a two-year time limit, then your CICA claim could still be considered.
Claiming Against A Vicariously Liable Party
As we stated above, you might claim compensation for sexual abuse from the school. When you claim against a vicariously liable party, a general three-year time limit applies.
The Limitation Act 1980 sets this time limit. However, in cases where the claimant is under 18, the limitation period is paused.
A litigation friend could be appointed to act on behalf of a child at any point during the suspended period. However, from the date of their 18th birthday, the injured party will have three years to start a claim unless a litigation friend has begun proceedings on their behalf.
Call our advisors to discuss school abuse claims, even if you think you are outside of the time limits. Other exceptions might apply to claims for historical sexual abuse and you could have a valid case.
Sexual Assault Compensation – Mental Health Compensation Calculator
As stated above, the school may be considered a vicariously liable party if you suffered sexual abuse whilst there. For example, if a background check, which would have flagged a staff member as being a risk to children, was not carried out, and they went on to abuse a student or other staff member, the school could be a vicariously liable party. As such, sexual abuse claims could be made directly against the school. This is different from making a claim through the Criminal Injuries Compensation Authority (CICA), which we examine below.
General Damages In A Personal Injury Claim
If you are making a claim directly against the perpetrator, or a vicariously liable party such as the school, you will make a personal injury claim. Your payout could be awarded under two heads: general damages and special damages.
In successful claims, general damages compensates for pain and suffering, such as the long term effects of sexual abuse. When calculating compensation for your pain and suffering, legal professionals use a text titled the Judicial College Guidelines (JCG) to help them. This document provides guideline compensation brackets for various injuries.
Our table below contains mental health injuries from the latest update. As each claim is different, it is only to be used as guidance rather than to tell you what you will receive.
| Injury | Severity | Notes | Amount |
|---|---|---|---|
| Psychological injury | Severe | At its most severe there is an inability to cope with life, education and work as well as interpersonal relationships. Additionally, there’s a very poor prognosis. | £54,830 – £115,730 |
| Psychological injury | Moderately Severe | Unlike the most severe cases above, there will be significant problems with the same life areas, but the prognosis is better. | £19,070 – £54,830 |
| Psychological injury | Moderate | Although similar symptoms to severe and moderately severe cases, improvements have occurred. Overall, the future is good. | £5,860 – £19,070 |
| Psychological injury | Less severe | A psychological injury that could impact daily activities and sleep. | £1,540 – £5,860 |
| P.T.S.D. | Severe | A permanent impact upon the claimant’s life impacting all areas that prevents functioning at the same level as seen before the event. | £59,860 – £100,670 |
| P.T.S.D. | Moderately Severe | The claimant still experiences trouble functioning at the same level as before the event. However, a professional could help recovery making the prognosis better than above. | £23,150 – £59,860 |
| P.T.S.D. | Moderate | The claimant has largely recovered, although some symptoms remain, but these are not grossly disabling. | £8,180 – £23,150 |
| P.T.S.D. | Less severe | Minor symptoms might persist beyond two years, but, a virtual full recovery has been made. | £3,950 – £8,180 |
Special Damages In A Personal Injury Claim
As part of your claim, you might be eligible for special damages. These compensate for any expenses incurred as a direct result of your pain and suffering. For example, if you were unable to return to work following the sexual assault, you could claim for loss of earnings.
In addition, you could recover medical expenses, such as prescription costs or the price of therapy sessions. To claim for special damages, it is likely you will need to submit proof, such as invoices or payslips.
The CICA Payouts For Historic School Abuse Claims
As stated above, your claim could be made through the CICA. Criminal injuries are compensated according to the tariff found in the Criminal Injuries Compensation Scheme 2012. As previously discussed, this may be because the school is no longer in operation and a claim against the local authority may not be relevant.
In addition to compensation based on the tariff, your claim may include special expenses. This is compensation for certain specific costs you may have incurred as a result of your criminal injury.
If you need any help using our mental health compensation calculator or would like to discuss how to make your claim, please contact an advisor. They can give you a free bespoke valuation.
No Win No Fee Claims For Sexual Abuse In Schools
If you or your child has been sexually abused in school and you would like to claim sexual abuse compensation, you may wish to do so with the support of a solicitor. You could hire a solicitor under a type of No Win No Fee arrangement known as a Conditional Fee Agreement.
When you claim for sexual abuse compensation under the terms of a No Win No Fee agreement, your solicitor will generally not charge an upfront solicitor’s fee. Instead, if the sexual abuse in a school claim is successful, a success fee is taken from the award. The success fee is legally capped. However, should your claim for sexual abuse compensation not succeed, you will not be required to pay your lawyer.
If you’ve been sexually abused in school, you could potentially be eligible to claim compensation. If you get in touch with us, our advisors can provide a free eligibility check. If your sexual abuse compensation claim seems eligible, you could be passed onto our No Win No Fee solicitors, who could help you claim.
To get in touch:
- Call 0800 073 8804
- Fill out our claim online and someone will get in touch
- Use the live chat at the bottom of the screen
Resources And Links
- Childline Sexual Abuse
- NSPCC statistics on child sexual abuse
- UCL reports pertaining to child sexual abuse in schools
Additional articles on criminal injury compensation claims that may interest you:
- How to claim sexual abuse compensation
- FAQs on sexual abuse claims
- Sexual abuse during lockdown – can you claim?
- Sexual abuse compensation calculator
- How to find physical and sexual abuse solicitors
- A guide to sexual abuse claims
- How to claim against a paedophile
- How to claim if abused in foster care
- Historical sexual abuse claims
- Sexual abuse claims in Scotland
We also have some other articles on sexual abuse compensation claims that you may find useful:
- I was sexually abused by my father, can I claim?
- Sexual abuse by husband – can you claim?
- Sexual abuse by a grandfather – how to make a claim
- Sexual abuse by an ex-partner – how to make a claim
- How to claim if sexually abused by a family member
- How to claim if abused by a stepfather
- Learn how to claim if abused by a teacher
- Sexual abuse claims against social services
We hope this guide about what to do if you or your child has been sexually abused in school was useful.
