Historical Child Abuse Compensation Claims
There are many people in our society who have suffered sexual, physical or emotional abuse in childhood. Every now and then such cases hit the headlines, but there are many more that are kept hidden or dealt with without publicity.
If you have been the victim of such abuse, you are not alone. Our specialist team have seen many clients who have been abused in children’s homes or foster care. Many of those people have over the years tried to tell someone about their abuse but their reports have been dismissed or they have not been believed.
We will help you sympathetically but professionally, making the process as pain free as possible, and of course absolute confidentiality is assured.
Over the past years we have obtained substantial awards of compensation for clients who suffered injury as a result of abuse by others, even when the abuse happened some time ago.
What is a historic abuse claim?
A historic abuse claim is otherwise called non-recent child abuse. It is a claim by an adult who was abused as a child. The abuse can be neglect, physical, sexual or emotional.
How long do I have to make a historic abuse claim?
Every personal injury claim has a 3 year limitation, this means if a case is not settled in 3 years the case has to be issued. Anyone who is under 18 has 3 years from their 18th birthday to issue a claim.
In a lot of historic abuse claims, courts can waive this deadline if you can explain the reasons for the delay, and prove that the evidence which is available makes a fair trial possible. It is recognised that survivors of historic abuse are usually unable to come forward sooner due to the trauma they have suffered or continue to suffer.
In February 2025 the Government announced that legislation would be introduced to make it easier for abuse survivors to pursue claims without having to justify the delay in bringing proceedings or shoulder the burden of proving that a fair trial will still be possible. The burden of proving that a fair trial will not be possible will shift to the Defendant instead.
There is a 2 year time limit from the date the abuse was reported to the Police for a Criminal Injuries Claim. But again, exceptions can be made if there a good reason for the delay, particularly for survivors of non-recent/historic child abuse.
What support is available for my historic abuse?
There are a number of Charities that can help such as the NSPCC.
Depending on your claim, Legal Aid may be available to pursue the same. If not, we will always confirm, at the outset, if the claim can be pursued on a ‘no win, no fee’ basis.
How do I make a claim for historic abuse?
In historic abuse claims, contemporaneous records held by the police, medical agencies, care home, school and (if appropriate) social services will be crucial, as will the personal account of the survivor and any other witnesses. Once the correct Defendant is identified, there is a process and timetable the parties are expected to follow for the exchange of relevant information in order to resolve their dispute amicably. However, if the dispute cannot be resolved amicably, court proceedings may be necessary.
What compensation can I receive for historic abuse?
If you’ve suffered historic abuse, you may be entitled to compensation for both the pain and lasting impact it has caused, as well as any financial losses like lost earnings or treatment costs.
The amount depends on factors like the severity and length of the abuse, its effects on your mental health and daily life, and any breach of trust. Additional compensation may be available if you were pressured to stay silent or had to relive your experience in legal proceedings.
Severe cases can receive up to £183,000, while less severe cases usually fall between £11,000 and £25,000.
We understand how difficult this is, and we’re here to support you every step of the way.
How can historic abuse be proven?
If there is a criminal conviction of your abuser, this makes the civil claim easier to prove. This is because the burden of proof in civil claims (on the balance of probabilities) is lower than that in criminal cases (beyond reasonable doubt). However, the ‘abuser’ and the ‘Defendant’ are usually different people/legal entities. More often than not, civil claims are brought against an organisation such as the abuser’s employer. This is because the abuser themselves may not have sufficient funds to compensate you. Sometimes it is still necessary to prove that the employer is liable (at fault) for failing to act on concerns which were identified at the time or for failing to conduct background checks.
Does my historic abuse have to have been reported to the police?
Historic abuse can be reported to the Police no matter how long ago it happened; the Police involvement can assist with the claim but it does not have to be reported.
How long does a historic abuse claim take?
Historic abuse claims can take up to 2 years to resolve and may take longer depending on court timetables and the action that is required.
Can I make a historic abuse claim if my abuser has died?
Yes, however it may prove more difficult as the Defendant may say they can’t investigate a claim properly and the abuser cannot defend themselves, but often there is other evidence that can help.
Can I make my claim anonymously?
Yes. Whilst court hearings and records are available to the public, we can ask the court for an anonymity order to protect your identity and for any hearing to be conducted in private.