As the summer holidays draw to a close and the start of a new academic year approaches, families across the country are preparing for the familiar rituals of the back-to-school season. Whether it's buying new school shoes, labelling uniforms, or meeting teachers during transition days in the summer term, this is a time filled with anticipation and hope for both students and parents.
While schools are places of learning, growth, and safety, there remains a crucial responsibility for educational institutions to ensure that robust safeguarding measures are in place.
Children have a right to feel safe and to be safe at school, and schools have a legal duty of care to ensure this. Unfortunately, in the case we share below, our client was failed in this fundamental regard.
Case Study – Ms M
Circumstances giving rise to the case
Our client, Ms M, attended a school in the 1990s, where, at the age of 12, she was sexually assaulted by a student art teacher. This teacher was given unsupervised control over her class.
Over time, the teacher began to groom Ms M, confiding in her about personal difficulties and gradually escalating inappropriate behaviour. This included expressing inappropriate affection, before subjecting her to further sexual abuse in the art storeroom. The abuse continued over several weeks.
This sexual abuse escalated to the highest severity when Ms M tried to leave the "relationship".
The following year, our client reported what had happened to the school and social services; the education department and the police were contacted. Ms M provided a video statement, leading to the student art teacher’s arrest and interview.
However, Ms M, then aged 13, struggled significantly with her mental health due to the abuse she had suffered and attempted to take her own life. Due to her vulnerability, it was ultimately decided that she was too fragile to continue with the police investigation at that time. The police investigation was therefore closed.
Ms M’s claim
Ms M contacted Emmott Snell Solicitors in 2021 to explore the possibility of bringing a civil compensation claim against the school where she was abused.
A letter of claim was sent to the school in which Ms M asserted that the school was liable in law for the wrongful conduct of their employee (the student art teacher) and the harm and losses caused to her.
There were two main legal challenges in Ms M’s case:
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Time limits (limitation): Under English law, if someone suffers an injury as a child, they typically need to bring a legal claim before their 21st birthday. Ms M was about 20 years past this deadline. However, the law allows judges to make exceptions — particularly in cases involving sexual abuse, where victims often take many years to feel able to come forward due to trauma, fear, or shame.
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No criminal conviction: This meant that the abuse Ms M suffered was not proved in a court of law. So, Emmott Snell Solicitors needed to provide other evidence to prove that the abuse had occurred.
To support her case, Ms M was assessed by an independent consultant psychiatrist. This expert examined the impact the abuse had on her life, including her mental health, relationships, education, and ability to work.
She was diagnosed with Post-Traumatic Stress Disorder (PTSD), Generalised Anxiety Disorder (GAD), and depressive episodes. The expert linked these diagnoses directly to the abuse Ms M had suffered and recommended specific treatments. The estimated cost of that treatment was included in her claim.
Due to lack of progress, Emmott Snell Solicitors registered Ms M’s claim against the school at court.
An application was also made for anonymity to ensure Ms M’s identity remained protected throughout the legal process.
During the proceedings, the school requested that the Student Art Teacher be added to the case, as he had been located and was found to own a property of significant value. A three-month pause (called a "stay") was agreed so this could be considered. During this time, the Student Art Teacher contacted Emmott Snell Solicitors and was provided with anonymised copies of the relevant legal documents and medical evidence.
At a procedural hearing, the court agreed that a "preliminary trial" should take place to focus on the key issue: whether the abuse had occurred.
As the case progressed, Emmott Snell Solicitors gathered further witness evidence, including from Ms M’s social worker who had been involved at the time of the original disclosure. The social worker had a clear recollection of Ms M’s case, and had found her evidence to be utterly compelling.
An application for special measures was considered to protect Ms M during any future court hearing. These may have included giving evidence behind a screen or remotely, to help reduce the trauma for Ms M of being in court.
Before the case reached trial, Ms M made an out-of-court settlement offer to settle the claim.
The offer was ultimately accepted, and the case was successfully settled for a five-figure sum.
In her client's feedback questionnaire, Ms M commented as follows:
“I am deeply grateful for the exceptional service provided by Emmott Snell throughout the management of my case. Their conduct was exemplary, demonstrating the highest standards of professionalism, legal expertise, and client care. From the outset, they approached my case with diligence, sensitivity, and a clear understanding of the complex and deeply personal issues involved in historical sexual abuse matters.
…I would not hesitate to recommend Emmott Snell Solicitors to anyone seeking legal representation in this area. They exemplify the very best qualities of the legal profession: expertise, integrity, determination, and an unwavering commitment to their clients’ wellbeing and rights”.
Conclusion
Sexual abuse by individuals in positions of trust within all levels of education is a serious issue that must be addressed. We have supported many survivors of abuse in education settings to seek the justice and accountability they deserve. While there is no room for complacency, such claims undoubtedly lead to higher vigilance and better safeguarding in schools today.
If you or someone you know has experienced abuse in an educational setting and would like to talk through your options or seek support, please do not hesitate to contact us.
