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.
Childhood sexual abuse is a traumatic experience that can have devastating consequences throughout childhood and deep into adult life. The importance of appropriate support during the time of disclosure and beyond cannot be underestimated.
There can be no doubt that speaking out about being abused as a child or an adult takes incredible courage.
Considering taking legal action can be daunting and overwhelming. Many people will wonder where to start, what the process involves and whether they will be able to cope. The following is an attempt to break down the process into six simple steps.
In our blog series we have focused on institutional abuse - abuse in sport, abuse in religion and abuse in the military.
The entertainment industry is another forum which has had the spotlight on it, exposing the prevalence of sexual abuse and sexual assaults. Here I look at both perpetrators and victims of institutional abuse within the seemingly glamorous world of entertainment.
It is unfortunate that many holiday makers find their well-earned break ruined by suffering from food poisoning. Recently there were reports of approximately 50 holiday makers falling ill with suspected gastroenteritis at a hotel in Playa d’en Bossa, Ibiza.
If you have been affected by food poisoning whilst on holiday you may be able to make a compensation claim. Under the Package Travel Regulations 1992 your UK tour operator has a responsibility to provide holidays to a reasonable standard. If your holiday is not to a reasonable standard and your operator breaches the regulations you can make a claim for compensation.
The summer holidays are nearly here and hundreds of thousands of Brits will shortly (or may have been lucky enough to have already done so) travel abroad to enjoy a well-earned break. Whilst the majority will stay safe and well and return tanned, and refreshed, sadly some will have their holiday ruined by illness on holiday caused by food poisoning.
