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Victims of Abuse - The Next Step
Those in our society who are vulnerable should be protected. Unfortunately this is not always the case as seen in the recent investigation by the Healthcare Commission at the Cornwall NHS Trust and most specifically the concerns relating to
Those families who have loved ones at that hospital or at similar centres who have been affected will feel rightly shocked, possibly a little guilty having entrusted their loved ones to centres where they hoped they would be well cared for and will now be wondering what to do for the best.
I write this article in the hope that it will provide information to assist those victims and their families.
The starting point if an assault or neglect has caused harm would be to report the abuse to the police who will also be able to begin an investigation.
The next stage would be to consider redress and there are two avenues, both of which can be run at the same time. Those two options include a claim to the Criminal Injuries Compensation Authority for an award because of the abuse and affect it has had upon the victim.
The second is to consider whether NHS Trust or other relevant Local Authority responsible have failed to appropriately supervise, control and monitor the centres, hospitals or homes which has allowed the neglect and abuse to be carried out when simply it should not have ever occurred. If it can be shown they failed and this has caused harm, again damages would be payable.
Many of my clients say that money changes nothing and I agree, but if this is an avenue why shouldn’t the victim receive money to pay for therapy or help them overcome the effect of the abuse and possibly make their future a little more secure.
The victims will need considered support at this time and should ensure they go to a solicitor who is experienced in advising victims of abuse, whether children, adults or people with learning disabilities. Certainly at WBW we have the personnel and experts who have experience in helping victims give evidence who have difficulties in conveying their concerns and representing themselves. Those experts ensure that those victims have a voice.
Penny Ayles is a Partner at WBW Solicitors, Church House, Queen Street, Newton Abbot, Devon TQ12 2QP, telephone 01626 202404, email pennyayles@wbw.co.uk
She is a member of the Association of Child Abuse Lawyers (ACAL) and has considerable experience having co-ordinated group actions for vulnerable members of society who attended