Abuse Survivors Blog

Tracey Emmott was invited to speak at the National Independent Sexual Violence Advisor (ISVA) Service Conference 2017 on 23 November in Birmingham, organised by the Survivors Trust.

The title of the conference was “What's in it for me - developing survivor focused justice processes”, and provided an opportunity for Tracey to speak about civil compensation claims as a vehicle for redress in sexual abuse/assault cases.

I recently heard the first hand account of a woman who shared her experience of restorative justice in the context of a very serious sexual offence committed against her. 

She spoke of having been victim to the most heinous of sexual crimes, yet after a period of years of counselling developed a desire to meet her perpetrator.  She wanted not only to try and understand him, but also to explain the impact his actions had had on her and her family.  For her own freedom she also wanted to offer him her forgiveness. 

Yet another example of institutional abuse is unfolding.

Surrey Police have launched a large scale investigation into allegations of sexual abuse spanning three decades at a children’s home in Woking, Surrey.

In an effort to identify victims and witnesses, police have spoken to hundreds and state that there are over 1,500 enquiries in relation to this investigation.

Covert or ‘undercover’ surveillance in personal injury claims is long used by insurance companies representing defendants, and is arguably becoming more prevalent. Video footage can be used to undermine a claimant’s claim or raise questions about the credibility, where it is believed the claimant is exaggerating their injuries or being altogether dishonest about them.

Inspiring the Future is a free service that connects teachers from state schools and colleges to volunteers from a wide range of employment sectors (including the legal sector) who have pledged one hour a year to speak to school and college students about their chosen career and the education route they took.

Until last week, the law has failed children who have been abused whilst in foster care, providing them with no avenue for financial redress though the civil courts in the form of abuse compensation. Local authorities could only be held to be legally responsible if negligence was proved, but that is notoriously difficult in abuse cases. This left many survivors of abuse in foster care with no legal remedy whatsoever.

An ever-prevalent example of institutional abuse is that which occurs in children’s homes. Children in care are especially vulnerable, requiring the highest standards of professional practice and care. Sadly, such children can sometimes be taken advantage of by those in positions of authority over them. Emmott Snell have represented many individuals who’ve suffered institutional abuse at the hands of those in charge of their care, helping them get the redress they deserve.

Last week Scotland abolished the long standing time-bar for survivors of childhood abuse to pursue civil damages. In the wake of this historic decision, another look at the time limit problem which still applies in England and Wales is timely.

The English legal system tends not to be overly sympathetic to victims of abuse with regard to the time period within which they can bring their civil compensation claim.

The Criminal Injuries Compensation Authority (CICA) is a government body which compensates victims of violent crime. The scheme was first introduced in 1964. Since then there have been a number of changes to the scheme. Applications made today will be dealt with under the 2012 scheme. For this reason the information provided deals with applications made pursuant to the 2012 scheme.

Most people associate personal injury claims with physical injuries such as broken bones, burns, lacerations, bruising or other similar injuries. This is probably because these are injuries that are easily visible and recognisable. But what about those injuries that are not so visible? Many people involved in accidents suffer psychiatric illness (sometimes referred to as nervous shock) either in addition to their physical injuries, or as a stand-alone injury.