This comprehensive guide to child abuse claims created by TDP Solicitors aims to provide you with more information regarding child abuse and the different types. In this comprehensive guide to child abuse, we will outline how to begin the process of making a claim, the amount of compensation you could receive, and how we can help you. We hope that this child abuse claims guide provides you with helpful information. If you wish to receive more information regarding some of the issues raised in this comprehensive guide to child abuse claims, please do not hesitate to call us for free, confidential advice on 0151 242 5111.
What Constitutes Child Abuse?
There is no legal definition of ‘child abuse’. However, in any situation whereby a child experiences a lack of love, care, or emotional/physical/sexual abuse, the court recognizes this as child abuse. In other words, child abuse is any action that intentionally harms children or puts them in danger. Non-physical forms of abuse such as emotional abuse and neglect are just as serious as physical forms and perpetrators will be punished severely. Children may experience a singular incident of child abuse, or the abuse may continue over several years. In the following section, this comprehensive guide to child abuse claim seeks to outline the types of child abuse experienced by children in the UK.
Types of Child Abuse
Sexual abuse
Sexual abuse is when a young person is coerced into doing sexual activities. In a lot of cases, children are too young to understand what is happening to them or to understand that it is wrong. There are two types of sexual abuse: contact and non-contact. Contact sexual abuse is when a predator makes physical contact with a child (touching them or using a body part to rape or penetrate a child). Non-contact sexual abuse is where a child is abused without being touched by the abuser. This can involve the perpetrator exposing children to indecent images or flashing themselves to children either online or in person.
Grooming
Grooming is the process of building a relationship, trust, and emotional connection with a child or young person so they can manipulate, exploit and abuse them. Children and young people who are groomed can be sexually abused, exploited, or trafficked. Groomers can be of any age, gender or race. Grooming can take place over a short or long period – from weeks to years. Groomers may also initiate a relationship with the young person’s family or friends to seem trustworthy which allows them to gain access to the child or young person.
Neglect
Neglect is the constant failure to adequately provide for a child, whether that be through emotional neglect (lack of love, care, support) or physical neglect (depriving the child of food, proper shelter, and clean clothing or health care). This type of abuse can endanger children and young people and it can also have long-term effects on their physical and mental well-being.
Physical Abuse
Physical abuse is when someone hurts or harms a child or young person on purpose. It can include hitting with hands or objects, kicking, shaking, burning, intending to break bones, or drowning a child. Physical abuse involves intentionally causing physical harm to a child or young person.
Domestic Abuse
Domestic abuse is any type of controlling, bullying, threatening, or violent behaviour between people in a relationship. It can seriously affect children and young people; witnessing domestic abuse is child abuse. It’s important to remember that domestic abuse can happen inside and outside the home, can happen over the phone, on the internet and social networking sites, can happen in any relationship, and can continue even after the relationship has ended and both men and women can be abused or abusers.
Making A Claim
Who Can Claim?
If you have been subject to recent or non-recent child abuse and you have been physically injured or your mental health has been badly affected because of this criminal act, you might be able to claim compensation through the Criminal Injuries Compensation Authority (CICA). The abuser doesn’t have to have been charged with the crime or convicted for you to make a claim. Typically, you should make an application within 2 years of the incident. However, you can still apply after 2 years if you’re claiming for the abuse you experienced as a child.
Not only can the survivor of the abuse claim for compensation, but if you are a guardian or parent of a child that has suffered abuse, you can also start a claim. If a family member/ loved one has died due to abuse or does not have the mental capacity to make their own legal decisions, you may also be able to claim on their behalf.
You can also make a civil claim for damages against your abuser or if appropriate their employer.
What Can Be Claimed For With Child Abuse Claims?
When claiming compensation for child abuse, your claim largely depends on the circumstances of the case. The claim could include compensation for sexual abuse, neglect, physical abuse, and psychological harm. When we begin to prepare a claim, we also consider the following:
- General damages: This is designed to compensate you for both the physical and emotional pain you have experienced.
- Loss of earnings: If you have been unable to work, or this has affected the trajectory of your child’s future earning ability, you can claim for this too.
- Special damages: This covers any costs associated with the claim, from medical expenses to travel costs.
The Process Of Making A Claim
It is completely understandable to feel worried and concerned about the whole process of making a child abuse claim, either for yourself or for a child in your care. This may come down to the fact that you’re not sure what to expect. This comprehensive guide to child abuse claims breaks down the claims process for you so you feel more confident about what will happen when you get in touch with us. From then you can make an informed decision about whether you want to make a claim or not.
1. Medical Evidence
Your child’s abuse claim will need medical evidence to support it. We can arrange for a medical expert to provide a report outlining your child’s injuries.
2. Going to Court
Most child abuse claims are settled by negotiation. However, due to the sensitive nature of these cases, the court put special procedures in place for child abuse claims. This is to ensure that the compensation received is the best possible outcome for the survivor of the abuse. Consequently, any child abuse claim settlement must be by the court. This is called an approval hearing.
3. The Approval Hearing
Firstly, we’ll ask an independent Barrister to state what they believe the abuse claim is worth and to say if the agreed compensation settlement figure is fair or not.
If the Barrister agrees that the proposed compensation settlement is fair, the next stage is getting the court to approve it. The Approval Hearing is usually done informally in a Judge’s office at your local County Court.
The judge will check that you understand what is happening and that you agree with the medical evidence. If the claim is for a child, depending on the age and well-being of the child, the judge will sometimes want to speak to them too.
If the Judge is happy that the compensation settlement figure is fair, they’ll approve it.
4. The Compensation Settlement Amount
In most cases where the claim is for a child under 18, any compensation settlement amount will be paid into court funds. The compensation will be invested and held for the child until they reach the age of 18. If the compensation is for a non-recent case of child abuse claimed for by an adult over 18, you will receive the compensation directly.
How Much Compensation Will I Receive?
Every case is different, therefore the following figures presented in this guide to child abuse claims are merely estimates. However, according to tariffs presented by the CICA, for non-penetrative sexual assault of a minor, the typical amount of compensation is around £1,500. The next bracket of compensation is for one incident of non-penile penetrative sexual assault which can grant the survivor around £3,300. For a sexual assault that has caused the survivor serious mental illness, up to £30,000 can be awarded. As we have established in this comprehensive guide to child abuse claims, the amount of compensation greatly depends on the circumstances. Every case is rigorously deliberated by the CICA to give the survivor the best possible outcome.
Civil claims for damages are ultimately assessed by a Judge but many settle way before that stage.
How we can help
Unfortunately, cases of child abuse are a lot more common than we would all like to believe. If you have been affected by this, you could be eligible for a child abuse compensation claim. Here at TDP Solicitors, this is something we can assist with. We hope this comprehensive guide to child abuse claims has provided you with the information needed to decide whether to claim. If you decide to seek justice for sexual abuse you received as a child or on behalf of someone else, please do get in touch with our team of dedicated, experienced solicitors on 0151 242 5111.