Sexual abuse compensation: how much you may be expected to receive

The historic sexual abuse of children in care homes across the UK has been a national scandal.

Thanks to the bravery of survivors, and the hard work of campaigners, the public have learnt how from the 1950s to the 1990s, children were abused in care at shocking scale. They were subject to vile sexual and physical abuse by the care home employees who were supposed to protect them. In many instances, victims also faced racism, and extreme psychological abuse.

Local authorities systemically failed to protect children from abusers, who roamed free around homes. Campaigners estimate that in Lambeth alone, for example, up to 120 paedophiles were employed in children’s homes across the borough.

In March 2020, the Office for National Statistics estimated that 3.1 million adults in England and Wales had experienced sexual abuse before the age of 16.

Compensation

Imran Khan and Partners act for people who suffered abuse in care homes and foster families across the country. We bring claims to secure damages for our clients, so that they can be compensated for the abuse they have suffered.

If you are a survivor of child sexual abuse in care, you may be entitled to receive the following types of compensation:

Damages for pain, suffering and loss of amenity

Damages for pain, suffering and loss of amenity (PSLA) are awarded for the physical and/or psychiatric injuries that survivors inevitably suffer as a result of sexual or physical abuse.

The damages are awarded in one lump sum, and encompass both an award for the pain and suffering as a result of the abuse, and the loss of amenity resulting from it, such as the inability to perform everyday tasks.

Awards for PSLA are derived from the Judicial College Guidelines (JCG) and comparable cases.

Chapter 4, Section C of the Judicial College Guidelines outline the amounts that survivors might expect to be awarded depdning on the severity of abuse they receive.

You can read the guidelines here. In summary:

• In cases of severe abuse, survivors might be awarded between £109,830 to £183,050.

• In cases of moderately severe abuse, survivors might be awarded between £54,920 to £109,830.

• In cases of less severe abuse, survivors might be awarded between £11,870 to £25,100.

Aggravated damages

Survivors of sexual abuse can claim an award of aggravated damages. These damages seek to compensate survivors for distress and humiliation caused by the abuse. This category of damages is awarded as compensation for an individual’s mental distress, where the manner in which the abuse has been committed, or the motive of the abuse, has upset or outraged the individual.

For example, the survivor may also have been subject to racist, as well as physical and sexual abuse, while in care.

Special damages

Special damages are an award of money which is paid to compensate a victim for any financial loss caused by the abuse.

Survivors will inevitably have had their life chances hindered by the trauma of the abuse they  experienced. It will have impacted survivor’s performance at school or work, even if they have managed to obtain qualifications and employment. In many cases, sadly, sexual abuse will lead survivors to drop out of school and engage in substance abuse, both of which will impact their earning capacity later in life.

Special damages are intended to compensate survivors for the loss of opportunity that they might reasonably been expected to receive, had the abuse not occurred.

Special damages can vary widely. Expert psychiatric evidence is often very helpful at establishing the impact the abuse has had on a survivor’s ability to succeed in education or at work and will form the basis of a claim.

How we can help

If you or someone you know has been affected by sexual abuse, please contact us for confidential advice. We are here to help you take the next steps and will hold your hand throughout the process. To get in contact, call us on 020 7404 3004, or email us at info@ikpsolicitors.com. 

​We are available 24 hours a day, 365 days a year. We can assist wherever you are based and have offices in central London.