This section should answer any of the queries that you may have at the outset before considering whether or not to bring a claim for abuse and maltreatment. In the event that your question is not covered here, please telephone us on 0870 055 2260 to speak with a specialist solicitor who will be able to deal with any queries that you may have.
I want to bring a claim but I am worried that I cannot afford a solicitor?
Once you have decided to bring a claim we will discuss the funding of your action with you. As a specialist firm that holds a Legal Aid franchise we are able to offer you representation with the benefit of Public Funding which is subject to a means and merits test. In the event that you are not eligible for Public Funding we will consider a Conditional Fee Agreement (‘No Win, No Fee’) with you, but this is subject to a risk assessment.
The abuse happened a long time ago, can I still make a claim?
YES! Just because the abuse happened a long time ago does not mean that you are precluded from bringing a claim. It is understandable that many victims do not come forward for many years after the abuse. The law does make provision for victims who were abused many years ago and you should read our section on Limitation for further information.
Will I have to give evidence in Court if I bring a claim?
Not necessarily! The majority of claims of this nature are settled out of court without a final court hearing. If settlement out of Court is achieved then you will not be required to give evidence in a formal Court hearing.
Will the Police be involved?
In the majority of situations the Police will already have carried out a criminal investigation. However, in some situations when the abuse or abuser has not been reported to the Police we will advise that the victim reports this and this may result in a criminal investigation. The reporting of criminal offences is important to protect others from abuse.
The Police investigated, but there was no prosecution. Can I still make a claim?
YES! The burden of proof in criminal matters is ‘beyond all reasonable doubt’; this is a very high burden of proof and the Court must be satisfied that the Crown Prosecution Service have satisfied this burden of proof before convicting. In civil matters a lower burden of proof applies, ‘on the balance of probabilities’. As such, whilst the abuse may not be proved in a criminal court it can still be proved in a civil court.
The abuse happened years ago, who will believe me now!
First of all, we will. As specialist child abuse solicitors we will help you in the process of proving the abuse. We will carry out full and forensic investigations and put the best possible case forward. In some cases, there may be others who have been abused by the same person or at the same institution; this will help prove your claim. There may have been a successful prosecution against the abuser; this will also help prove your claim.
How long will the case take?
This will depend on many factors and is individual to the size and complexity of the case. We attempt to ensure that cases move as fast as possible but sometimes there are matters which delay cases outside our control; For example, there maybe an ongoing criminal investigation. In the event that the case went to a trial we would expect resolution within 18 – 24 months, but again, this will depend on many factors. If the matter resolves without a Court hearing then we would expect resolution before this time. We will advise you of time-frames for the conclusion of each stage at the beginning of your claim and will keep you up-dated as the claim progresses.
How much compensation will I receive?
This will also depend on many factors such as the nature and severity of the abuse and the effect that the abuse has had upon your life. Past awards in child abuse cases can be viewed here.
If you or someone you know is being subjected to abuse and maltreatment you should contact the police immediately.
