How To Claim Compensation For Historical Abuse
Have you been searching for an answer to thoughts like, ‘Can I claim compensation for historical abuse?’ This guide is designed to answer that question and many others so you have all the information at your disposal to take your first steps towards claiming compensation.
Our guide will walk you through the claims process, starting with the eligibility criteria that you need to meet in order to pursue compensation. We will also examine the different ways you can claim and whether you need to report your abuse to the police.
Towards the end of this article, we will take a look at criminal injury compensation and how you could make a claim on the basis of a No Win No Fee agreement.
At UK Law, we understand that the decision to claim compensation for historical sexual abuse is never taken lightly. That is why we work with a panel of criminal injury claim solicitors who have years of combined experience helping survivors of sexual abuse navigate the claims process.
If you’ve suffered historical abuse, our trained advisors are here to help you take your first steps on your compensation journey. You can speak confidentially to one of them today for free at any time:
- Call 020 3870 4868
- Fill out our Claim Online form
- Message in the on-screen live chat box.
Jump To A Section
- Can I Claim Compensation For Historical Abuse?
- What Is Meant By Historical Abuse?
- Does My Abuse Need To Be Reported To The Police?
- The Average Historical Abuse Compensation Amounts
- How Can I Make A No Win No Fee Historical Abuse Claim?
- Learn More
Can I Claim Compensation For Historical Abuse?
Yes, you can claim historical abuse compensation through the CICA if the following criteria are met:
- The abuse occurred in England, Wales, Scotland, or another relevant location (such as a British-registered boat).
- You experienced a crime of violence. The CICA’s definition covers threats leading to a fear of immediate violence.
- The claim is being made within 2 years of the abuse. However, the CICA considers exceptional circumstances for claims started outside this window on a case-by-case basis.
- You reported the abuse to the police.
How Do I Claim Historical Abuse Compensation?
You have 3 potential avenues to claim historical abuse compensation:
- Against the person responsible for the abuse – This route is possible if you know the identity of the abuser and they have the necessary funds to compensate you.
- Against the vicariously liable party – if an organisation (like a school or care home) failed in its duty of care, for example, by hiring someone they knew to have a criminal record for sexual abuse.
- Criminal Injuries Compensation Authority (CICA) – if you are unable to claim against the perpetrator or a liable organisation. You can make a claim through the CICA even if your abuser hasn’t been caught or prosecuted.
Contact us today to get a free case assessment and get an answer to the question, ‘Can I claim compensation for historical abuse?’ Our advisors will listen to your circumstances in complete confidence and give you whatever guidance you need about pursuing compensation.
What Is Meant By Historical Abuse?
Historical abuse refers specifically to sexual abuse that occurred during childhood but was only reported or disclosed later in life. That can include one-off incidents or repeated abuse over a prolonged period.
Some survivors are not able to speak out until adulthood due to trauma, fear, or emotional suppression. However, it may still be possible to claim compensation through the CICA. We will explain how in the next section.
If you have suffered childhood sexual abuse, our advisory team can provide compassionate and confidential advice on making a claim. They are available 24/7, so please don’t hesitate to reach out at a time that is convenient for you.
Does My Abuse Need To Be Reported To The Police?
Yes, you must report the abuse to the police to help ensure you have a valid CICA claim. However, as mentioned earlier, that doesn’t mean the abuser needs to have been caught or prosecuted. You also do not need to wait for a conviction to seek sexual abuse compensation.
The police will issue a crime reference number, which you must provide when submitting your claim to the CICA. They will then be able to liaise with the police and request information that can help assess your case.
If you’re worried about reporting historical abuse, know that you will be treated with sensitivity and supported through the process. Your local police authority can guide you through what happens next, and our panel of solicitors can offer support in handling your CICA claim.
Speak with us to explore your options and get guidance on reporting your abuse sensitively and appropriately.
The Average Historical Abuse Compensation Amounts
Compensation for historical abuse is calculated using a fixed tariff system outlined in the Criminal Injuries Compensation Scheme 2012 (often referred to as ‘The Scheme’). These payouts are based on the type and severity of the injuries you suffered as a result of the abuse.
If you experienced multiple forms of harm, the CICA allows you to claim for up to 3 injuries. However, these are subject to a multiple injuries formula, which is applied as follows:
- 100% of the tariff amount for the highest-valued injury
- 30% of the tariff amount for the injury with the second-highest value
- 15% of the tariff amount for your third highest-valued injury
Some CICA payments fall outside this formula. These exemptions apply if the abuse led to a pregnancy, the loss of a foetus, or a sexually transmitted infection (STI).
The table below shows a selection of compensation amounts available through the CICA scheme. Since the tariff system is fixed, the figures listed would be the exact amount paid out in successful claims.
| Harm | Severity | Compensation |
|---|---|---|
| Multiple serious criminal injuries with special expenses, such as loss of earnings | Serious | Up to £500,000 |
| Non-consensual penile penetration of a minor | A serious internal bodily injury plus a severe, permanently disabling mental illness, as confirmed by a psychiatric prognosis. | £44,000 |
| A serious internal bodily injury plus a moderate, permanently disabling mental illness as confirmed by a psychiatric prognosis. | £33,000 | |
| A severe, permanently disabling mental illness as confirmed by a psychiatric prognosis. | £27,000 | |
| A moderate, permanently disabling mental illness as confirmed by a psychiatric prognosis. | £22,000 | |
| Single incident involving at least 2 abusers. | £13,500 | |
| Single incident | £11,000 | |
| Sexual assault of a minor | Non-penile penetrative/oral genital acts causing serious internal bodily injury. | £22,000 |
| Non-penile penetrative/oral genital acts causing a moderate, permanently disabling mental illness as confirmed by a psychiatric prognosis. | £22,000 |
What Factors Determine CICA Payouts?
CICA payouts are influenced by a range of factors that can reflect the severity and impact of historical sexual abuse. These factors can include:
- The type and severity of your injuries – For instance, you may have suffered physical or psychological harm, or both. The CICA’s tariff system will consider their severity, including whether a mental injury is disabling. According to the CICA scheme, a disabling mental injury will have a substantial effect on a claimant’s capacity to perform ordinary daily activities (such as work).
- Whether the abuse was repeated – CICA payouts can also take into account whether the abuse was repeated and for how long it happened.
- Medical evidence – The CICA may request evidence confirming the diagnosis of a mental injury by a psychiatrist or clinical psychologist.
In addition, you may also be entitled to claim special expenses for certain costs related to the abuse. These expenses must be reasonable, not available for free elsewhere, and be deemed necessary.
Examples of special expenses include:
- Any property that was relied on as a physical aid that was damaged or lost due to historical abuse, such as broken glasses or hearing aids.
- Adaptations made to the home, like stairlifts or ramps to support your independence.
- Care related to bodily functions and meal preparations.
- Specialist equipment like wheelchairs, walking aids, and adapted vehicles.
You may also be able to claim for a loss of earnings through the CICA. However, certain eligibility requirements must be met.
Our knowledgeable advisors are available day and night, so please contact us if you have any questions about compensation. All advice is given in the strictest confidence and is completely free.
How Can I Make A No Win No Fee Historical Abuse Claim?
You can make a No Win No Fee historical abuse claim by contacting our advisory team. They can assess your case and explain the options you have for claiming compensation. If you’re eligible, they can connect you to one of the specialist solicitors making up our expert panel.
They can handle your case under a Conditional Fee Agreement (CFA), which is a specific type of No Win No Fee arrangement. In short, a CFA means you can make a historical abuse claim with:
- No upfront solicitor fees to get started with your claim.
- No extra solicitor fees appearing as the claim progresses.
- No solicitor fees if your claim is unsuccessful.
Your solicitor will receive payment for their work if your claim wins. This success fee is deducted from your compensation, but it’s kept small as the percentage taken is capped by The Conditional Fee Agreements Order 2013.
Our panel of solicitors have seen first-hand how compensation has benefitted sexual abuse survivors and supported their healing journeys. They always put clients at the heart of the claims process, ensuring they never feel out of the loop or unsupported.
To help you and your claim, a criminal injury solicitor from our panel can:
- Provide straightforward, confidential advice.
- Help with gathering evidence to support your claim and ensure you meet the CICA’s eligibility criteria.
- File paperwork and communicate with the CICA on your behalf.
- Keep you updated on the progress of your claim.
Contact UK Law
Our experienced and understanding advisory team is here to help. So, contact them today for a free case assessment and see if you can take your first steps toward claiming the compensation you deserve:
- Call 020 3870 4868
- Fill out our Claim Online form
- Message in the on-screen live chat box.
Learn More
Explore the following similar guides we have for related information:
- See if having a criminal record can affect your claim.
- Find out how long a criminal injury claim may take.
- Learn about claiming compensation for domestic abuse.
Additionally, these external pages might be helpful:
- CICA statistics related to cases resolved by the agency.
- The government’s sexual abuse campaign lists a range of national and local support services.
- Guidance from the Crown Prosecution Service (CPS) on how to report a crime.
If you’ve asked yourself, ‘Can I claim compensation for historical abuse?’ find out today by using our advice services for free.
