What to Expect when Someone Makes a Claim

If your organisation finds itself facing a claim in relation to child abuse, it is useful to know the steps the pursuers and their solicitors are likely to take, and the different information they will need to provide. One of the challenges faced by pursuers in historical childhood cases is the difficulty of providing sufficient evidence when the events in question happened long ago.

The abuse and the injury

When someone makes a claim, their solicitor will usually ask them the following:

• to write a list with the dates of when the abuse took place, where it happened, and who abused them (where possible)
• to detail the type of abuse they suffered and any physical/psychological/psychiatric injury they may have suffered as a result
• to provide a diary of when they were abused, if they kept one
• to confirm the abuse occurred on or after 26 September 1964 and before they had reached the age of 18.

Records required

They will also be asked to provide:

• a list of all schools attended up until the age of 18, and a copy of their school records, if they have them. It is worth noting that schools are only required to retain records for five years after a person’s education has ended
• copies of their social work records, if they have them. If not, there is a reasonable chance these will still be kept by the relevant local authority
• a list of all the children’s homes/foster parents where they were cared for up until the age of 18
• details of all the GP surgeries where they were registered as a patient until the age of 18
• their medical records, if they have them. If not, these should be available from their current GP.

State of health

A pursuer’s solicitor will also want to know about:

• whether they have any current psychological or psychiatric problems. If so, they will be asked to list them, along with details of how they are being treated, and any medication they are taking for these problems
• details of all child/educational/adult psychologists, adult psychiatrists or community educational nurses they have been treated by, and details of where and when this treatment was provided.

Complaints made previously

Pursuers will be asked about the following:

• whether they made a complaint to anyone when the abuse occurred. If so, they will be asked to provide details of who they complained to, when they complained, and what action (if any) was taken following their complaints. If they have not previously complained about the abuse it will be more difficult to back up a claim.
• whether any of their complaints were made to the police. If so, they will be asked to detail when and to which police station the complaints were made. They will also be asked to list the names of any police officers dealing with the complaints.
• if they have not complained to the police about the abuse, they will be asked why this was, and warned that the courts will take a hard line on this. The courts expect the claimant to have complained to the police as soon as reasonably possible, given that any delay in reporting the abuse makes it more difficult for the police to investigate it.

Backing up their claim

A solicitor advising a pursuer will also look into what evidence they have to back up or corroborate the claim they make now. For example:

• whether their abuser was convicted of the abuse. If so, they will be asked to list when and by which court the abuser was sentenced, and what sentence was passed
• whether the abuser has admitted the abuse, even if they have not been convicted of it. If so, the victim will be asked for details of how they have admitted it and when
• whether they were aware if the abuser abused any other children at the time they were abused. If so, they will be asked to list the names and addresses (where possible) of all the other children who were abused. They will be also asked if they knew if any other abused children complained, the results of any complaints made, and whether their abuser was convicted of abusing the other children
• whether there were any witnesses to the abuse. While it’s unlikely they will have witnessed the actual abuse, they may have heard something, seen unexplained injuries, or know about circumstantial evidence supporting their claim. If so, they will be asked to provide the names and (if possible) addresses of these witnesses.

Details of any prior claims

The pursuer’s solicitor will also want to know about any prior claims, or why they have not claimed previously. They may ask, for example:

• whether they have claimed before, when they did so, and who helped them with the claim. If they have claimed compensation previously, they may not be able to claim again
• if they have not claimed before, they will be asked about the reasons for that, and what has prompted them to claim now.

Criminal Injuries Compensation

Pursuers will also be asked about any prior claims for Criminal Injuries Compensation (CIC). Areas covered are likely to be:

• if they did not make a civil claim, but did claim CIC, they will be asked to confirm when they did that, whether anyone (in particular, a solicitor) helped them with that claim, and what the outcome of that application was. They will also be asked to explain why they did not claim civil compensation at the time they applied for CIC 
• they will be advised that even if they were awarded CIC, they can still make a civil claim. However, they will be asked to note that if their civil claim is successful, they may be required to pay back any compensation they were awarded by the CIC Authority.