2019 Independent Inquiry into Child Sexual Abuse published
The Independent Inquiry into Child Sexual Abuse, set up by the Home Office as long ago as 2014, reported on the aftermath of abuse and the legal process for claiming compensation. The Report called “Accountability and Reparations” found that victims find the legal processes baffling, frustrating, hostile and futile. The conclusions came from 15 days of public hearings, during which the inquiry heard from 40 witnesses including survivors, lawyers, police officers and insurance brokers.
Professor Alexis Jay OBE, chair of the inquiry, said: ‘Many are left retraumatised and deeply unsatisfied with the often lengthy and confusing litigation. Equally concerning is the lack of clear signposting for the compensation and support which survivors could be entitled to.’
The report notes specifically that those who do come forward felt they were offered inadequate support during the legal process and that access to therapeutic support was generally poor. Claimant lawyers said clients need signposting to appropriate services and often treated their lawyers as counsellors as well.
Claimant lawyers reported that in many if not all cases, defendants routinely rely on the limitation defence to try to fend off claims. This is very difficult for clients to understand when they have finally plucked up the courage to speak out. The Criminal Injuries Compensation authority (CICA) also raises the limitation point under their own rules on a regular basis to avoid paying compensation on abuse claims.
Several defendant lawyers who spoke to the inquiry conceded that limitation continues to be raised in many defences to non-recent cases. But some insurers said their policy had changed so that limitation is only cited where it is considered that a fair trial would not be possible.
In its conclusions the report recommends a number of measures be taken including: the law of limitation should be re-examined to consider whether to make it easier for victims and survivors to bring claims for non-recent child sexual abuse; The police should have a greater role in signposting victims to advice regarding their options and to specialist lawyers; and criminal courts should have the power to award compensation at the conclusion of criminal proceedings where appropriate.
The report concludes there is a ‘compelling need’ for claims by victims and survivors of child sexual abuse to be treated differently from other forms of personal injury litigation. Claimants should be treated sensitively and defendants recognise that explanations, apologies, reassurance and access to specialist therapy can be just as important to victims as financial compensation.
For more information, contact Sian Mullane at [email protected] or telephone 01473 298131.
