Sexual abuse in education: Testimonial and legal guidance

Many survivors of childhood sexual abuse carry the impact of those experiences for decades before feeling able to speak about them. The decision to come forward is rarely straightforward. Legal processes can feel complex and emotionally demanding, particularly when abuse took place within an institution.

This article shares the anonymised experience of Mr X, whose case involved historical abuse in an educational setting. Alongside his account, we provide factual information to help explain the legal processes involved and the support that may be available to others in similar circumstances.

Mr X’s account is reproduced below in his own words and is shown in italics.

Delayed disclosure and the decision to come forward

It is not unusual for survivors of childhood abuse to come forward many years later. Trauma can affect memory, confidence and a person’s ability to speak openly about what they experienced. The law recognises this reality, and in appropriate cases civil claims may still be pursued long after the abuse occurred.

Reflecting on the decision to raise a complaint, Mr X said:

Tracey handled a matter relating to childhood sexual abuse I suffered at a boarding school in the 1980s. I had suppressed memories of this traumatic series of events during my adult life, so finally raising a complaint was a difficult decision.

Meeting Tracey early in this process helped hugely. It was clear that she has a deep legal understanding of such matters and an equally deep human understanding of what it means to individuals going through such a process. I felt supported and respected at every stage.

The purpose of a civil claim

A civil claim is separate from a criminal prosecution. Its purpose is to acknowledge the harm suffered and to seek compensation for the impact of the abuse. In some cases, civil claims can also play a role in encouraging institutions to review safeguarding practices and protect others from harm.

Explaining why he chose to proceed, Mr X said:

One of the key reasons I chose to proceed with the matter was that Tracey was able clearly to explain the role a civil claim might play both in compensating for historical wrongs and influencing organisations to protect future generations of children against abuse.

One of the first elements of the process was that Tracey was able to arrange for me to access some professional, specialist Cognitive Behavioural Therapy sessions early in the process (provided by the school’s insurer without prejudice to the outcome). This was immensely beneficial and typical of the ethos of support and care that Tracey demonstrated throughout.

Criminal investigations and civil proceedings

Where abuse is reported to the police, criminal investigations may take place alongside or before a civil claim. Civil proceedings are often paused while criminal investigations are ongoing. These processes can take time, and it is important that individuals feel informed and supported throughout.

Describing his experience of this stage, Mr X explained:

As the matter involved both a criminal complaint and the civil claim, it took some time to work through the police-led investigations. At no stage did I feel pressured as we waited for the criminal case to reach its conclusion and throughout Tracey demonstrated kindness and understanding.
Her communication was excellent, setting realistic expectations and actively updating me as necessary.

A word on expertise: it is clear that Tracey is a highly expert and experienced lawyer. Her advice on how best to describe, evidence and manage my claim was outstanding, as was her use of other experts to support the process (e.g. to assess the impact of the abuse and a barrister to prepare for any potential hearings).

Reaching an outcome

For many survivors, concluding a legal case can represent an important step. While every experience is different, being heard and treated with dignity can be central to that process.

Reflecting on the conclusion of his case, Mr X said:

My case has now concluded, and I am pleased I chose to proceed and to have had Tracey at my side throughout. Any misgivings I had about speaking up about this painful topic after many years were more than outweighed by the benefits. I finally felt heard, that past wrongs were acknowledged and that I have been treated with dignity and respect throughout.

If you are unfortunate enough to be in the situation, I would seriously recommend working with Tracey. I hope that, as it has for me, her expertise and thoughtful support will allow you to draw a line under past events and to be in a position to face a more positive future.

Further information and support

Thanks to Mr X for allowing his anonymised experience to be shared in order to help others better understand the process. We are glad to have been able to support him throughout his case and to provide guidance during what can be a challenging process.

If you would like to learn more about institutional abuse in churches and schools, you can access our guide here.

And 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.