Institutional Abuse Compensation Lawyers

Various institutions where children and vulnerable adults were placed in care have historically been settings for institutional abuse. These include: 

• Schools: Particularly those that are boarding or residential, have sometimes sheltered abusers who exploit their positions of authority and trust, causing lasting harm to children under their care.
• Churches: Instances of child sexual abuse within religious orders have come to light over the past few decades, with victims often suffering in silence due to the reverence and deference given to religious figures.
• Children's Homes: These residential facilities, tasked with looking after children separated from their families, have frequently been revealed as sites of physical, sexual, and emotional abuse. Foster care organised by the State is also a form of institutional abuse where there was negligence.
• Healthcare Institutions: Especially in mental health settings, vulnerable patients can become victims of exploitation and abuse by those who are supposed to ensure their care and recovery.

Sports Clubs: There have been cases of coaches and trainers using their influence to groom and subsequently abuse young athletes, exploiting their dreams and aspirations for a competitive advantage.

• The establishment: The Royal Commission was created in 2013 to inspect allegations of child sexual abuse within Australian institutions, including religious groups, schools, and care organizations.
• The objective: Its primary mission was to investigate institutions' responses to alleged abuse, ensuring accountability and identifying failings in protocol and procedure.
• The findings: The Commission issued a final report in 2017, revealing widespread abuse across many institutions, and highlighting systematic failures to protect children or adequately respond to claims of abuse.
• The recommendations: Following its investigations, the Commission made numerous recommendations, including changes to criminal justice and child protection systems, and the provision of redress and rehabilitation for survivors.

The impact: As a result of the Commission's work, many survivors of historical institutional abuse have gained the right to seek compensation for their experiences, leading to a significant shift in national consciousness about institutional responsibility.

Documentation plays a crucial role in any institutional abuse compensation claim, serving as compelling evidence that strengthens your case. Swift and meticulously gathered documentation can prove the occurrence of abuse and its adverse impact on your life. Given the historical nature of the abuse, obtaining certain documents may prove challenging; however, this is where lawyers can offer assistance. 

Essential documents that can fortify your claim span numerous categories: 

• Medical Records: These could involve physical examinations, psychological assessment reports, and any other medical documents indicating the repercussions of abuse.
• Care records: Documentation housed with the institution in which the abuse occurred can be a potent source of evidence. These might consist of reports, journals, or even comments shedding light on your time within the institution.
• Personal Documents: Diaries, letters, or any other contemporary document recounting your experiences can enhance the credibility of your account.
• Witness Testimonies: Any corroboration from peers or staff during the time of abuse can be highly beneficial in validating your claim.

Obtaining some of these documents, however, can be tricky, particularly for survivors of historical abuse, and this is where lawyers can assist with document gathering from relevant institutions.

In the vast majority of cases, a court appearance to present evidence isn't required as settlements are often reached outside of court. However, in the uncommon event that a claim isn't successful in these out-of-court situations, you will be given the opportunity to make the decision whether to proceed with presenting your evidence in court. This choice remains entirely within your power.

Understandably, the notion of facing your abuser can inspire fear and trepidation. If your claim falls under the National Redress Scheme, you will not be required to face the accused. This scheme allows survivors of institutional child sexual abuse to seek remedy without a direct confrontation with the abuser. Instead, you provide statements and evidence to evaluate your claim, ensuring a sensitive and respectful treatment of your case. 

At Smith’s Lawyers, we empathise with your situation and will do everything within our legal power to minimise the possibility of a direct confrontation with the perpetrator of the abuse. Accusations pertaining to institutional abuse are dealt with utmost seriousness and sensitivity, and your wellbeing forms the guiding principle of our approach.

On occasion, a survivor of institutional abuse may ask, "Is it still possible to claim compensation if the offender has passed away?" Unquestionably, the answer is yes. It is indeed possible to lodge a claim even if the individual who committed the abuse is deceased. 

Typically, a claim for historical abuse is made against the institution or organisation that should have protected you, rather than the individual offender. In such cases, the institution's failure to safeguard your welfare forms the core of your case. This holds true regardless of whether the offender is still alive or not. 

Additionally, it's possible that the institution, be it a school, church, or other organisation, holds an insurance policy that specifically covers claims of this nature. Such insurance policies are designed to provide compensation to survivors, regardless of the status of the individual offender.

For survivors seeking support and assistance, there are numerous organisations and helplines available. The following resources can offer much-needed help and guidance:

• Australian Childhood Foundation: This organisation provides support for children & adults dealing with the aftermath of child abuse. Visit their website here or contact them on 1300 381 581. 
• Blue Knot Foundation: A support service for adults impacted by child abuse. Visit their website here or call their helpline on 1300 657 380. 
• Headspace: A mental health service designed for young people aged 12-25 years old dealing with health issues, including experiences of abuse. Visit their website here or contact them on 1800 650 890. 
• Relationships Australia: A leading provider of counselling and support services. Visit here or contact them on 1300 364 277. 

Lifeline Australia: A national crisis support and suicide prevention service. Visit their website here.