It is common knowledge that the English legal system is not overly sympathetic to adults seeking justice for childhood sexual abuse in the civil courts. The law in England and Wales is such that time to bring a civil compensation claim expires on the 21st birthday of anyone who was sexually abused as a child.
The Church of England is currently suffering the discomfort of a public spotlight of IICSA – the largest public inquiry ever undertaken in the UK. The C of E is not alone in its scrutiny, the Roman Catholic Church having already been the subject of IICSA, together with several other institutions including local authority children’s homes.
What is it and why is it done?
Female Genital Mutilation (‘FGM’) is a cultural practice which involves the total or partial removal of the female external genitalia for non-medical reasons, normally with the aim of inhibiting a female’s sexual feelings. It is also known as female circumcision or ‘cutting’ and is common in parts of Africa but also takes place in the Middle East and Asia. It is usually carried out on girls before they reach puberty but is known to be done on girls as young as 4 years old. The procedure is extremely painful and can cause long term health problems such as:
The concept of sending one’s child away to a school where they also live is thought to be something quintessentially British.
In view of the upcoming public hearings of Child Abuse in the Anglican Church before the Independent Inquiry into Child Sexual Abuse, the recently settled case of abuse victim, ‘ARJ’, a civil compensation claim in respect of abuse of a child by a vicar in a London Diocese is topical.
Where a child or vulnerable adult has been harmed, it is necessary to consider who will represent them in any compensation claim brought on their behalf.
In law, children and those who are deemed to lack capacity (known as protected parties) must be represented in their claims by a suitable and competent adult.
These adults are known as “litigation friends”.
In 2013, the Australian government set up a formal inquiry into how institutions had responded to child abuse. Terms of reference were established and 6 Commissioners were appointed chaired by the Honourable Justice Peter McClellan. Their brief was to enquire into institutional responses to allegations and incidents of child sexual abuse and related matters.
A former school teacher was found guilty at St Albans Crown Court of three counts of indecent assault and one count of sexual assault.
The first three offences took place between 1980 and 1986 while Mr. Michael Curtis was employed as a science teacher at Heath Mount School in Hertford while the fourth offence took place in Kent in 2010 and was also linked to his role as a teacher in a different school.
The victims were all male and under the age of 14 when the assaults occurred.
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.
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.
