Public Inquiry into grooming gangs – could there be civil remedies for victims?
A national public inquiry into group-based child sexual exploitation and abuse was announced in June of this year. It appears that the Government is close to announcing the Inquiry’s chair, which is a positive development.
The Inquiry will be a fact finding investigation, and cannot make findings of civil or criminal liability. This article therefore looks at whether and, if so, in what circumstances, a civil claim for compensation may be brought arising out of group-based child exploitation or abuse.
In what circumstances is it possible to bring claims for compensation?
There are two different options available for victims of group-based child sexual exploitation or abuse who wish to pursue a claim for compensation.
The first option is to apply to the Criminal Injuries Compensation Scheme for compensation. The Scheme is administered by the Criminal Injuries Compensation Authority (CICA), which is a UK government agency, part of the Ministry of Justice. Any survivor of abuse, or any victim of a violent crime, can make an application to the Scheme. To be eligible to make a claim, the related crime must be reported to the police before the application. The Scheme does not require an offender to have been convicted, and all compensation decisions are made on the ‘balance of probabilities’, based on the available evidence. This is different from a criminal court which must come to a ‘beyond reasonable doubt’ decision. The amount of compensation recoverable is restricted to predetermined tariffs, as set out in Annex E of the official Scheme.
The second option is a traditional civil claim for compensation. In this case, a victim would need to bring a claim against another individual or organisation. Unlike the CICA Scheme option, a civil claim for compensation could end up at trial, which comes with associated risks. The level of compensation also differs, and it is dictated by the statute and case law on personal injury claims.
Whether making an application to CICA or bringing a civil claim, a victim will need to prove they have suffered harm as a consequence of their exploitation or abuse.
Who can victims sue in traditional civil claims for compensation?
Claims can be brought against any individual who is responsible for the abuse. An example of a successful claim brought by a victim against her abuser can be found here. It is also possible to bring a claim against an abuser who has died by suing their estate. In practice, claims are only brought against persons who can afford to pay the damages. It is unlikely that the abuser will have their own insurance to cover such a claim.
In circumstances where there is little prospect the abuser or their estate can afford the compensation the victim seeks, a claim can be brought against another defendant who can be held “vicariously liable” for the actions of the abuser. A defendant can there be, a school, care home, or hospital for example, and can be held vicariously liable for the actions of their employees during the course of their employment. Such organisations tend to have insurance in place and can therefore meet the costs of compensation sought.
What categories of claim are there in traditional civil claims for compensation?
The categories of claims arising out of group-based child sexual exploitation or abuse will depend on who the victim is suing and if the Defendant is being held vicariously liable for the abuse.
If a claim is brought against the perpetrator or an organisation is held vicariously liable for the actions of the perpetrator, a claim will usually be focused on the tort of trespass (assault or battery). If, however, the claim is brought against an organisation for failing to protect the victim, a claim will usually be brought in negligence, misfeasance or under the Human Rights Act. Claims in misfeasance and under the Human Rights Act can only be brought against public bodies or a private organisation performing functions of a public body.
Can I make an application to CICA and bring a separate civil claim for compensation?
Yes. However, victims will have to declare the compensation they obtain as part of one avenue in the other avenue. As such, CICA will take into account any award of compensation that a victim may have received as part of a civil claim, when determining the CICA award. Alternatively, if a CICA payment is received before a civil claim has concluded, CICA will be entitled to recoup payment from the victim when the civil claim concludes. This is a complex area of law, but in broad terms, this is to prevent a victim being compensated twice for the same injury- otherwise known as “double recovery”.
Are there deadlines for bringing claims?
Yes, there are separate deadlines for making an application to CICA and bringing a civil claim for compensation.
Claims to CICA typically must be brought within two years of the incident. If the incident occurred to a person under the age of 18, the claim must be brought:
- Within two years of the person’s 18th birthday, if the abuse is already reported to the police, or
- Within two years of the report to the police, if the abuse is not reported until after the person’s 18th birthday.
In certain circumstances, CICA accepts claims where the standard two-year time limit has lapsed, but evidence will need to be provided that shows why the application could not have been made earlier.
In traditional personal injury claims, there is a three-year limitation deadline for bringing claims. If the injury or abuse was suffered by a child, the three-year period does not start to run until the person is 18 years old. The court also has discretion to extend the limitation deadline for claims brought after the three-year period, where it would be just and equitable to do so. In those circumstances, an application will need to be made by the victim under Section 33 of the Limitation Act 1980. This is a complicated area of law which requires analysis of the specific circumstances of a given case. Importantly, the current Government has announced plans to abolish the three-year limitation deadline for victims of child sexual abuse to bring claims. These changes, however, are unlikely to come into force until next year.
What impact could the Inquiry have on any compensation claims?
The Inquiry is likely to uncover and make public evidence of failures by public bodies to protects victims of group-based child sexual abuse and exploitation. This evidence about institutional failings could support claims made by victims against public bodies in negligence, misfeasance and under the Human Rights Act. The relative impact of the Inquiry’s evidence on any civil proceedings is currently hard to predict, but it is possible that the evidence will highlight failings across multiple local councils, police forces and even central government.
At Saunders Law, we are uniquely placed to advise you on any potential claim for compensation arising out of group-based child sexual exploitation, and/ or participation in the Inquiry. We have specialist expertise in brining claims against public bodies, including those against the police arising out of a failure to investigate crimes. We have also worked extensively on group litigations arising out of institutional failures, including the Grenfell Tower fire and the Hillsborough tragedy. Our specialism in civil claims is complemented by our experience of working on public inquiries, including the Grenfell Tower Inquiry, the Infected Blood Inquiry, the Covid-19 Inquiry and the Undercover Policing Inquiry.