Frequently Asked Questions

Below are some of the questions we are most frequently asked by those making a child abuse claim.  Simply click on the question title for the answer.

How much might a child abuse claim cost?

• The cost can be considerable, depending on the complexity of the claim. However total bills of up to £80,000 to £100,000 are not uncommon even when the case settles before trial.

How long will an abuse claim take?

• We have managed to conclude some claims within a year, but we generally warn clients that their claim could take at least two years.

What sort of compensation might I expect?

• Compensation for these types of claims is low compared to claims involving head or spinal injury. Sometimes compensation can be as little as £10,000 but in more serious cases, it can rise to far higher figures. One victim of child sexual abuse recovered £500,000. On average we tend to find that most of our claims settle for less than £100,000.

I am on benefits, when I win my claim will these be affected?

• Yes they could be. However it is perfectly possible to avoid this problem, by setting up a special needs trust. We can advise you about how you set about doing this.

Will I have to go to court?

• Highly unlikely. The vast majority of compensation claims settle before trial, but we always warn clients about the possibility that they may have to give evidence at trial.

What are my chances of winning a child abuse case?

• We always advise our clients on their chances of success in percentage terms, for instance 60% to 80%. Typically these claims are quite difficult, because many are brought “out of time” or past limitation.  They also involve claims against social services, where the courts look very closely at the issue of whether in fact the local authority is at fault. However we assess all cases right from the start. If we can’t take on your case, we can refer you to other solicitors who may be able to help you.

My abuser has had a successful criminal case brought against them, can I still bring a compensation claim?

• A successful criminal prosecution is extremely helpful as the basis for a compensation claim. It may help address the typical problems that we face in these claims, such as limitation and proving that the abuse happened. It may also make a claim to the Criminal Injuries Compensation Authority very much stronger.

An unsuccessful criminal case was brought against my abuser, can I still claim compensation?

• The failure of the criminal case does not mean that no compensation claim can be brought, and it is not a complete bar to a claim to the Criminal Injuries Compensation Authority. Many of our successful claims do not have the benefit of a successful criminal prosecution.

I was abused many years ago, can I still make a claim?

• Very possibly. The majority of our clients are many years past what we call “primary limitation” which is generally their 21^st birthday. However the law provides that limitation may be waived in certain exceptional circumstances.

I have yet to go the police about my claim, should I?

• We always advise all of our clients to approach the police where practicable. Abusers tend to carry on targeting children for many years, in some cases over decades. The police know this, and so they tend to treat allegations of abuse going back many years, with particular care.

What evidence do I need?

• The first step is to telephone us and discuss the case. We will explain precisely what evidence you will need, but to give a few examples we will collect statements from you, your family, friends and any social workers or other professionals who knew you as a child. We will also be looking to obtain your social services, GP and hospital records. In some cases, we will be asking to see the criminal record of your abuser or his/her personnel file, if they worked in a children’s home.

Will my abuse become public?

• It may do. The law provides protection from the media for victims of sexual abuse. If we issue proceedings, it is also possible to obtain a court order stopping the press from printing your details, or we can blank out your name on the proceedings. However the protection is not complete and in many cases, the media can often report details of a case without actually naming the victim.

What kind of abuse can be claimed for?

• Any kind of abuse, whether it be physical, sexual or emotional, can form the basis of a claim.

I was not the only victim of the person that abused me. Does this make a difference to my claim?

• It may well do. Another victim could provide crucial corroborative evidence, which may help your case to succeed.

How do I start my claim for abuse compensation?

• You need to telephone us, and you need to do it as soon as possible. Delay can be fatal in these cases. Much depends on the kind of claim that we make. For instance a claim against a local authority or an abuser will start with a “Letter of Claim” but we may need to issue proceedings in a civil court as a matter of urgency to protect your position. If you are making a claim to the Criminal Injuries Compensation Authority, you will need to complete their form and file it with them. Again this should be done as soon as possible.

How much do we cost?

• We always provide all our clients with a written estimate of our costs before they enter into any agreement with us. That estimate is updated every six months. We also tell you when and how you will be expected to pay our fees.

  Our fees are calculated by reference to many criteria, such as the amount of time taken in providing the services in question, the value of the case or any property involved, any skill and specialised knowledge that may be required, and the degree of urgency. The rates set out below are also subject to any agreement that we have with you, or the way in which your case is funded (for instance if you are publicly funded).

  The amount of time taken is generally valued at an hourly rate for the individual concerned.  Our normal current hourly rates are set out here.

  1. Solicitors with over eight years post qualification experience including at least eight years litigation experience – £275.00 per hour,  plus VAT;
  2. Solicitors and legal executives with over four years post qualification experience including at least four years litigation experience – £225.00 per hour, plus VAT;
  3. Other solicitors and legal executives and fee earners of equivalent experience – £195.00 per hour, plus VAT;
  4. Trainee Solicitors, paralegals and other fee earners -  £150.00,  per hour plus VAT;

  Routine letters and telephone calls will be charged as units of one tenth of an hour per item.

  We review our charges in January of each year. We will not increase the rate by more than the rise in the Retail Prices Index and will notify you of the increased rate in writing. Please note that if there is a difference between the rates published above and the rates in your agreement, the rates used in your agreements are the ones that will apply.