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Legal Services

Institutional Abuse

Overview

If you have been the victim of institutional abuse (for example, at a school, church or other organisation) you may be able to lodge a National Redress Scheme Application or a Common Law Damages claim.

Importantly, there are no time limits for either claim. It assists if the offender has been prosecuted by the police but this is not necessary for either claim.

The National Redress Scheme

This scheme was established for people who were the victims of child sexual abuse whilst in an institution, for example a school, church or other organisation.

To apply to the scheme, a form must be filled out and supporting documentation must be supplied, including proof of attendance at or involvement with the institution and proof of the abuse including witnesses and medical reports.

If you are able to access the scheme, you are entitled to:

  • Counselling;
  • A direct personal response from the institution; and
  • A redress payment which varies depending on the severity of the abuse.

Common Law Damages

This claim involves establishing that the defendant (for example, a school, church or other organisation) was negligent in that they knew or should have known that the offender was abusing you. Organisations are also now held to be strictly liable for any actions of offending employees which means they cannot argue they were not aware the offender was a risk of causing abuse.

Once negligence is established, you can claim damages for pain and suffering damages depending upon the impact of the abuse, medical and like expenses and loss of past and future earnings and earning capacity.

Our Process

Initial Consultation

We will meet with you to get the story from you and discuss whether you have a claim. We will then explain the options, what outcomes are available, provide our advice and recommendation and discuss our fees. We usually conduct these matters on a “no win, no fee basis”.

National Redress Scheme- preparation of the claim

We will prepare the claim form for you to check and then lodge the claim with the Scheme. The Scheme will then confirm they have everything they require and will then the claim will be considered. This process can take a number of months but we will keep you informed at every step of the process.

Consideration of the offer from the Scheme

The Scheme will make an offer once they have considered all the relevant information. We will provide you with advice on the offer and if you are happy with it, we will finalise the matter for you. The offer can be disputed if you are not happy with it.

Common Law claims

These claims are more complicated and the process is longer. We will discuss the process with you in detail as every claim is different. However, most claims involve trying to negotiate with the other party and if the matter cannot be resolved engaging a barrister early to provide advice and draft the necessary court documents. If the matter has to go to court, we will guide you through every step of the process.

Why Choose Us

We have extensive experience in the area and have conducted numerous successful claims for clients. We realise this is a stressful time and offer a personalised service. Being local, we are only a visit phone call away and you will always be able to speak to your lawyer, not a call centre.

We usually conduct these matters on a “no win, no fee basis”.

Our People

Nicholas Lyons

Partner
Accredited Specialist in Personal Injury Law
Nick joined the partnership in 1996 and when the then Senior Partner, Ron Saines left in 2002, Nick took over as Managing Principal, a position he still holds in the firm.

Institutional Abuse Claims FAQs

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