This guide will examine the steps you could take if you were able to provide clear evidence that you have suffered as the result of Church of England sexual abuse. Victims of current or historic sexual abuse could be caused physical and psychological injury by the act of criminal violence. Mental injuries could include post-traumatic stress disorder (PTSD).
Church of England sexual abuse victims guide
The Independent Inquiry Child Sexual Abuse (IICSA) has investigated and brought into question the procedures in place for safeguarding in the Church of England. As Section 11 of the Children Act 2004 outlines, there is a responsibility for certain bodies, such as the local policing body, to make arrangements to ensure that they regard the need to safeguard and promote the welfare of children.
In England, at present, there isn’t a method of mandatory reporting that makes it a legal requirement to report suspected or known child abuse. However, advice from the government on Working Together to Safeguard Children states that anyone concerned that a child is either suffering significant harm or is likely to do so should refer this to a local social care authority immediately.
Furthermore, under the House of Bishops’ guidance on safeguarding children and vulnerable adults, members of the clergy in the Church of England have a duty to have due regard to this guidance.
Please contact a member of our advisory team to receive expert legal advice. Anything you discuss will be kept confidential. Our advisors have experience handling cases concerning sensitive information. Find out whether you could be eligible to receive criminal injuries compensation today.
You can:
- Call us on 0333 000 0729
- Fill out our online form to contact us
- Use the live chat feature on the page to speak to an advisor
Select A Section
- What Is Child Abuse In The Church?
- Could Church Of England Sexual Abuse Victims Claim Compensation?
- Reporting Historical Abuse
- What Evidence Could Church Of England Sexual Abuse Victims Provide?
- What Could Church Of England Sexual Abuse Victims Potentially Claim?
- No Win No Fee Claims For Child Abuse In The Church
What Is Child Abuse In The Church?
As of the 5th of October 2022, BBC News reported that 383 cases related to abuse were found during an extensive review. Of these cases, 168 were related to children, 149 to vulnerable adults, and the rest involved either both or had insufficient data.
The article reports that the alleged perpetrators, who are still living, include 242 clergy, 53 Church officers and 41 volunteers. There were some cases where the identity of the alleged perpetrator was not recorded. The reviewers mention inertia and inaction in dealing with allegations of abuse.
Source: https://www.bbc.co.uk/news/uk-63144354?at_medium=RSS&at_campaign=KARANGA
Could Church Of England Sexual Abuse Victims Claim Compensation?
You may be wondering, ‘could Church of England sexual abuse victims make a claim?’.
The Crown Prosecution Service (CPS) outlines the different crimes considered sexual offences; this includes sexual assault, rape, crimes against children such as sexual abuse or grooming, and crimes that exploit someone else online or in person for a sexual purpose.
Continue reading to find out the different avenues you could follow to make a criminal injury compensation claim as a victim of criminal violence.
Who Could You Bring A Claim Against?
There are three different ways in which you could make a criminal injury claim. Firstly, you could claim against a vicariously liable party that owed you a duty of care and therefore is partly at fault for your suffering.
Secondly, you could bring a claim against your perpetrator directly. Although to do this, you must know your perpetrator’s identity, and they must have funds to pay the compensation.
Lastly, you could apply to make a claim through the Criminal Injuries Compensation Authority (CICA), which runs a Criminal Injuries Compensation Scheme with the goal of compensating victims of violent crime in Great Britain. To claim through the CICA, you must be unable to make a claim using either of the other options above.
Reporting Historical Abuse
Church of England sexual abuse victims could take steps to report the crime. Historic abuse, or non-recent abuse, occurs when a person suffered abuse as a child and has since grown into an adult. You can report historic sexual abuse to the police.
It is important to know that sexual crimes that took place prior to the 1st of May 2004 may be prosecuted under the Sexual Offences Act 1956. Alternatively, crimes that occurred after this date could be prosecuted under the Sexual Offences Act 2003.
There are organisations you could contact for support. These include:
What Evidence Could Church Of England Sexual Abuse Victims Provide?
When making a claim against a vicariously liable party, you could be asked to provide evidence of the harm caused by the crime of violence. Evidence that you could gather to support your claim may include:
- Medical evidence – You may be able to provide medical records detailing any physical or psychological injuries caused by the violent crime.
- Any relevant reports – You could supply a police report or a report that was made to the Church regarding the incident.
- Evidence of special damages – To prove financial losses, you could provide payslips, bank records and invoices.
Please contact our team of advisors to find out more about the evidence you could provide to support your criminal injury claim. If you make a claim through the CICA, the evidence required of you will differ.
What Could Church Of England Sexual Abuse Victims Potentially Claim?
You may be wondering, ‘could Church of England sexual abuse victims receive compensation, and if so what damages could be awarded?’. There are two potential heads of criminal injury claims made against a vicariously liable party:
- General damages – account for the psychological and physical injuries sustained in a crime of violence.
- Special damages – account for certain monetary losses caused by the incident of criminal violence. For example, if the crime of violence caused you to suffer psychological injuries which prevented you from working, you may be eligible to receive compensation for the loss of earnings.
We have provided the table below as a guide to general damages payouts for criminal injury claims made against a vicariously liable party. To create the compensation brackets, we have used the Judicial College Guidelines (JCG), updated in April 2022. Criminal injury solicitors use the JGC to assist them when valuing settlements. Please note that the table does not include special damages. Additionally, each case is determined by its own individual details; therefore, the amount awarded will vary.
| Injury | Notes | Compensation Brackets |
|---|---|---|
| Severe Physical and/or Sexual Abuse (a) | The person will have a severe and prolonged psychiatric injury and/or will have suffered serious abuse. | £45,000 to £120,000 |
| Moderate Physical and/or Sexual Abuse (b) | The person will have a less severe psychological reaction, and the abuse will be less serious and prolonged. | £20,570 to £45,000 |
| Less Severe Physical and/or Sexual Abuse (c) | The psychological effects on the person are mild or quickly resolved, or the prognosis for resolution with treatment is very good. Also, the abuse will have been short-lived and of a lower level of seriousness. | £9,730 to £20,570 |
| Severe Psychiatric Injury Generally (a) | The person will have marked problems with their ability to cope with life and work as well as having a very poor prognosis. | £54,830 to £115,730 |
| Moderately Severe Psychiatric Injury Generally (b) | The person will have significant problems with their ability to cope with life and work; however, the prognosis will be much more optimistic than in the bracket above. | £19,070 to £54,830 |
| Moderate Psychiatric Injury Generally (c) | The problems this person has regarding their ability to cope with life and work will have markedly improved by trial, and they will have a good prognosis. | £5,860 to £19,070 |
| Less Severe Psychiatric Injury Generally (d) | The amount awarded will be determined by the extent to which the person's daily activities and sleep were affected as well as the length of the period of disability. | £1,540 to £5,860 |
It is important to note that claims made through the CICA will be valued in line with their tariff of injuries and not the JCG. The eligibility criteria to claim additional expenses and the costs and losses you could be compensated for will also vary.
Speak to our advisors to discuss the details of your claim. They will be able to provide further insight into your case.
No Win No Fee Claims For Child Abuse In The Church
Although it is not required to use a solicitor when making a criminal injury claim, it could prove beneficial to your case. A legal professional can help you to navigate the claims process and provide expert legal advice.
Moreover, opting to use a No Win No Fee solicitor working under a Conditional Fee Agreement (CFA) will mean that you will generally not be required to make any upfront or ongoing payments for their services. Additionally, you usually won’t have to pay for your solicitor’s services in the event your claim is unsuccessful.
On the other hand, a successful claim will mean that your No Win No Fee solicitor can take a small legally capped percentage of the compensation. This is a ‘success fee’.
If you are still asking, ‘what are the steps that Church of England sexual abuse victims can make to receive compensation?’, speak to a member of our advisory team. They are available 24/7 to provide advice at a time that suits your needs. Also, if upon assessment, they find you could have a valid claim, they could place you in contact with one of our No Win No Fee solicitors.
Please:
- Call us on 0333 000 0729
- Fill out our online form to contact us
- Use the live chat feature on the page to speak to an advisor
Support For Victims Of Sexual Abuse
Please take a look at more of our guides:
- How To Claim Compensation If Sexually Abused By A Family Friend
- How Do Victims Of Child Abuse By Another Child Claim Compensation?
- How To Claim Compensation For Sexual Abuse By A Stranger?
Explore some external resources for more information:
- NHS – Where to get urgent help for mental health
- GOV – Report a rape or sexual assault
- IICSA – Investigations into The Anglican Church
If you are still wondering, ‘can Church of England sexual abuse victims make a claim?’ use the details provided above to get in touch with our team.
Written by JO
Edited by FS
