Whilst many people have happy memories of being involved in church life and activities organised, sadly there are some whose memories and lives are tarnished by being sexually abused by individuals involved in their positions of trust in the church.
The impact of this is lifelong and it is not uncommon for those who have suffered sexual abuse as children to decide to report to the police or seek help many years later. Often, although not always, the perpetrators may be deceased and the only recourse to justice is by way of a civil compensation claim.
Emmot Snell recently acted for Mr B (who found himself in a similar situation) in a civil compensation claim arising from serious sexual abuse he suffered at the hands of Reverend Alistair Sandeman (deceased).
Background to Mr B’s Claim
Mr B moved to the village of Cressing with his family when he was a child. The family regularly attended church services at All Saints, Cressing, where Revd Sandeman was the parish vicar.
Mr B and other local children played table tennis at the village hall near the vicarage. Revd Sandeman would invite them, including Mr B, to the vicarage, where he gave them cigarettes, alcohol, and sweets. This grooming process is often a precursor to sexual abuse and may take place in person or online over days, weeks, or months. Perpetrators use various tactics to groom victims, including befriending them and building an emotional connection with the child and, in some cases, the child’s family.
When Mr B was around 11/12 years old, Revd Sandeman began to sexually assault him in the vicarage. The assaults escalated over time and continued over a 4-year time period and took place at least twice a month. Revd Sandeman took Mr B on day trips and would use this as an opportunity to sexually assault him. Sometimes other boys would be present on the trips and would be sexually abused by acquaintances of Revd Sandeman.
The sexual assaults stopped when Mr B found himself in the youth justice system at 15 years old. Mr B believes that he did this to get away from home and the sexual abuse by Revd Sandeman.
When Mr B was released from the youth justice system, he made a decision to try to put the years of sexual abuse behind him and try to get on with his life and for many years he managed to do this.
Following decades of repressing his memories, Mr B made the decision to speak out and reported the abuse to the police who recorded his allegations. The police confirmed that Revd Sandeman was deceased and therefore closed their file. Whilst this was disappointing for Mr B he found comfort that his complaints were on record. A representative of the relevant Diocese contacted Mr B and promised an internal investigation would take place and offered to fund counselling for him.
The Civil Claim
Having been denied justice via the criminal justice system, Mr B instructed Emmott Snell to represent him in a civil compensation claim. This firm agreed to assist Mr B and invited him to enter into a Conditional Fee Agreement, more commonly known as a no-win-no-fee agreement.
Early notification of Mr B’s claim was given to Ecclesiastical Insurance who following investigations confirmed that they were the relevant insurers. The claim was put to Ecclesiastical asserting that there was a sufficiently close connection between Revd Sandeman's duties and responsibilities as a vicar of the church which Mr B attended and the assaults, he committed, so as to make the Diocese liable in law. Ecclesiastical offered Mr B rehabilitation which he accepted.
Following a period of investigation Ecclesiastical indicated Mr B’s claim would be considered upon receipt of medical evidence and details of his financial losses.
Medico-legal evidence was obtained in the form of a report from a Consultant Psychiatrist. Mr B was assessed to have suffered lifelong mental illness and diagnosed with chronic Mixed Anxiety and Depressive Disorder. In addition, the expert found that Mr B had features of Enduring Personality Change After Catastrophe and had used alcohol as a coping mechanism. The expert believed that Mr B’s mental illness was causally linked to the sexual abuse he suffered as a child and that the abuse had impacted on his education and employment prospects.
The expert report and a schedule of financial losses were sent to Ecclesiastical and an offer of settlement invited.
Following negotiation Mr B’s claim settled for an “out of court” six-figure sum.
A personal injury trust was set up to protect Mr B’s entitlement to means-tested benefits.
Whilst no amount of money can make up for what Mr B suffered at the hands of Revd Sandeman the financial settlement has brought him some closure and a feeling of being believed. There is no doubt that the civil compensation process can be difficult. However, with the support of a compassionate legal representative it can be made as easy as possible. Mr B’s thoughts on this are a good illustration of this:
“Jacqui seems very caring and positive, and she helped me through what was a very difficult and emotional time. I would also like to thank all the staff from Emmott Snell who were involved in my case”.
If you have experienced sexual abuse in a church setting, please don’t hesitate to get in touch with Emmott Snell on 01234 360140. Your enquiry will be treated with respect and, of course, in confidence. It may be that you would like further information before speaking to someone. If this is the case, you may find our abuse survivors’ guide helpful.