At this time of year many young people are returning to or starting further education having left school. Most have good memories of this time and have the benefit of responsible, skilled and knowledgeable teachers/tutors whose priority are their students and their wellbeing. Sadly, there are some who use their position to groom and abuse those in their care.
Sexual abuse in further education establishments is a grave issue that undermines the very foundation of trust and safety that these institutions are supposed to provide. When individuals in positions of trust, such as teachers, coaches, or administrators, exploit their authority to abuse students, the impact is devastating and far-reaching.
Understanding the Dynamics of Abuse
Sexual abuse in educational settings often involves a complex power dynamic. Perpetrators may use their authority to manipulate, coerce, or intimidate their victims. This abuse of power can make it incredibly difficult for victims to come forward, as they may fear retaliation, disbelief, or further harm.
Legal Protections and Recourse
In many jurisdictions, there are specific laws designed to protect students from sexual abuse by individuals in positions of trust. These laws often impose severe penalties on perpetrators and provide avenues for victims to seek justice in the U.K. In addition, victims of sexual abuse by teachers may be able to find justice in the criminal courts i.e. by way of prosecution of the perpetrator. In addition, victims may be able to pursue civil compensation claims against their abusers and the institutions that failed to protect them.
Safeguarding in Educational Institutions
Educational institutions have a critical role to play in preventing and addressing sexual abuse. This includes implementing robust safeguarding policies, providing training for staff and students on recognising and reporting abuse, and ensuring that there are clear and accessible reporting mechanisms in place. Institutions must also take allegations seriously and conduct thorough investigations to protect students and hold perpetrators accountable.
Supporting Survivors
Supporting survivors of sexual abuse is essential. This support can take many forms, including counselling services, academic accommodations, and legal assistance. It is crucial for survivors to know that they are not alone and that there are resources available to help them heal and seek justice.
Case Study Mr X
Emmott Snell Solicitors recently represented an individual who suffered sexual abuse at Barnsley College, a further education establishment, when he was a minor. He is referred to as Mr X from hereon order to protect his anonymity.
Mr X contacted Emmott Snell Solicitors following lengthy and protracted criminal proceedings which concluded in the conviction of the perpetrator Michael Fletcher Flint, with instructions to pursue a civil compensation claim. The sexual abuse had taken place between 2007 and 2009 when the client was aged between 16 and 18. Emmott Snell Solicitors advised Mr X that as he was past his 21st birthday he was technically out of time to bring his claim, but his may be a case in which the courts may exercise discretion in allowing his claim to proceed.
By way of explanation English Law dictates that where an individual has been harmed as a child they must register their claim at court by their 21st birthday. When considering whether to allow claims to proceed the courts will consider whether a fair trial both parties is still possible. Where a criminal trial/proceedings have taken place and the perpetrator is still alive is helpful in persuading the courts to exercise their discretion.
Emmott Snell Solicitors applied for Mr X’s police records to save him the trauma of having to relive events. This took some time as the particular force had a considerable backlog. When received they were used to prepare a detailed Letter of Claim to Barnsley College (‘the College’). The letter of claim was sent to Barnsley College in which Mr X asserted that the operators/managers of Barnsley College (at the relevant time) were legally responsible for the wrongful conduct of their employee (the perpetrator) and the harm and losses caused to him. The College instructed solicitors to represent them in Mr X’s compensation claim.
As part of the compensation claim process, Mr X was examined by a consultant psychiatrist, who provided the medical evidence to support and quantify Mr X’s claim.The medical evidence showed that Mr X had been profoundly affected by the abuse he had suffered at the hands of the perpetrator. The expert diagnosed Recurrent Depressive Disorder and would also fulfil the diagnosis of Harmful Alcohol Use. In addition, the expert noted he had issues with intimacy. The expert attributed Mr X’s psychological issues in part to the sexual abuse and other life events. The expert recommended counselling.
A meeting with a barrister with expertise in claims of this nature was arranged. They advised Mr X on all aspects of her claim including the likely level of compensation he might recover if his claim proceeded to trial.
The medical evidence was sent to the legal representatives for the Barnsley College with a schedule of Mr X’s financial losses. An offer of settlement was invited, and settlement negotiations ensued.
Mr X’s claim was finally settled “out of court”, in an agreement where Barnsley College agreed to pay Mr X a five figure sum in full and final settlement of his claim.
Conclusion
Sexual abuse in further education establishments by persons in positions of trust is a serious violation that demands our attention and action. By raising awareness, strengthening legal protections, and fostering a culture of safety and respect, we can work towards eradicating this pervasive issue and ensuring that educational environments are safe for all students.
Emmott Snell Solicitors have successfully represented many victims of sexual abuse in a wide range of settings. If you are considering such a claim, please contact us. We will be only too pleased to discuss this further with you. You may wish to consider downloading our guide which aims to provide those considering claims with information on the civil compensation claim process.
