What is ‘institutional abuse’?
Any physical, psychological or sexual mistreatment suffered whilst in the care of an institution or a person associated with or employed by an institution can constitute institutional abuse.
An institution includes a school (public or private), a club (e.g. sporting or recreational), a youth justice centre, an adult prison, a church or other religious establishment, or a residential care home for children or adults.
What is ‘historical institutional abuse’?
In many cases, institutional abuse involves the mistreatment of children – and is generally not reported at the time. These are referred to as cases of historical institutional abuse.
What are the legal options?
In NSW there are 2 options –
- A claim under the National Redress Scheme, with offers capped at $150,000.
- A civil claim for common law damages, if successful, allows for receipt of damages that are not capped in the same way as offers under the National Redress Scheme. Civil damages claims are typically run by lawyers with experience in abuse claims.
Common law damages claim
The first step is to speak with a solicitor experienced in institutional abuse matters. They will assess your case, help gather records, and arrange any necessary assessments. Your solicitor will then prepare and lodge your claim. Some matters settle through negotiation, while others may proceed to court. The process is confidential, and your solicitor will guide you through each stage with care and sensitivity.
Are there time limits for making a claim?
There is no time limit for a claim where the abuse occurred to an individual under the age of 18.
How is compensation calculated?
The amount of compensation depends on the severity and duration of the physical and/or psychological injury.
Compensation can include payments for –
- Pain and suffering for either physical or psychological injury (or both)
- Loss of income if the person abused is unable to work due to the injuries
- Medical and treatment expenses in the past and ongoing
- Assistance with daily living – domestic care etc.
How long will a civil claim take?
Once a case is ready to be filed in court, the case takes between one to two years to complete – depending on whether the case is commenced in the District or the Supreme Court.
Before filing, the case needs to be properly investigated and this is done by obtaining records from the institution and arranging for medical appointments to be organised and reports obtained. Typically, reports are obtained from psychologists/psychiatrists who regularly assess victims of institutional abuse.
Each institutional abuse claim is different. Many are complex and require solicitors to gather evidence that can be difficult to obtain from the institution responsible.
Survivors may have experienced a single act of mistreatment. Other survivors may have sustained multiple instances of abuse perpetrated over many years.
What does the institution pay?
At the end of a successful claim, a proportion of the costs charged by the survivor’s solicitor will be paid for by the institution – usually 70% of the costs. The legal costs not paid by the institution (30%) is paid from the compensation.
Costs agreement
All solicitors – not only in NSW but in all other states and territories – are required to have a signed costs agreement in place before a case can be started. The costs agreement sets out how the fees are charged and a likely estimate of costs. The costs agreement will also set out the amount likely to be required to be paid for disbursements. The costs agreement needs to be signed at the very beginning of the claim and once signed, the solicitor can start working on the claim.
Contact the Institutional Abuse team at Catherine Henry Lawyers
To confidentially discuss your needs, contact us on 1800 874 949 or fill in the form below and we will be in touch.
