I thought that the BBC’s Panorama this evening was excellent. It threw light on the very pertinent questions that need to be answered and in, particular, how could the abuse have continued for so long?
My investigations continue, and if you are prepared to speak to me please get in touch.
Alan Collins
It must be welcome news that there will be a public enquiry in to the Haut de la Garenne case. I trust though that it will be wide ranging in scope and that the victims will be given the opportunity to be heard.
I shall be visting Australia shortly to take statements from witnesses. If there is anyone else who is willing to speak or wishes to see me please get in touch so that I can make the neccessary arrangements.
Alan Collins
It is not always easy to find a lawyer to take on a child abuse case. It is very specialised work, and to be frank it is not everyones’ cup of tea.
At Dyer Burdett & Co we take on such cases, and would be pleased to hear from you, but of course you don’t have to come to us!
If you want to find a lawyer who might be willing to take on your case a good place to look is the ACAL website. ACAL which stands for the Association of Child Abuse Lawyers is an organisation that probably most solicitors (lawyers) who deal with this type of work belong to. It keeps a list of solicitors who specialise in this area of law. The website will be found at: www.childabuselawyers.com
Another place to look for a specialist solicitor (lawyer) is on the APIL website. APIL (Association of Personal Injury Lawyers) is very much a specialist organisation which is vey keen to esnure high standards of excellence amongst its members. Its website will be found at: www.apil.org.uk
Dyer Burdett & Co are members of both ACAL and APIL.
I have teamed up with Mark Temple who is an advocate at Ozannes in St. Helier to provide those victims who want it, legal advice and assistance.
If you are a Haut de la Garenne victim and would like to discuss your situation, in confidence, with us then please make contact.
We will be able to tell you what your options are and you can take it from there. If you are thinking about compensation you should take legal advice. If you are unsure then it might be sensible to get legal advice anyway.
Victims of sex abuse have rights.
They had a right in the first place not to be abused.
It is a criminal offence to assault another person (adult or child).
It is also a civil wrong which means that the victim if he/she wishes to do so can claim compensation against their abuser.
Victims need to remember though if they want to seek compensation the abuse has to be proved, and there are strict rules as to when a claim can be made. So yes, victims have rights but should take legal advice as to whether or not they can take action to enforce them.
This is the press statement given by Dyer Burdett & Co and Ozannes on 14th March 2008:
Jersey Advocates Ozannes have joined forces with English Solicitors Dyer Burdett & Co to advise and assist persons who suffered abuse at the Haut de la Garenne children’s home in relation to civil claims for the abuse that they suffered. Dyer Burdett & Co are already representing eighteen abuse victims who were allegedly physically and sexually abused whilst in the care of Portsmouth Corporation during the 1950’s and 60’s. A fortnight ago it was reported in the media that there was a link between that case and the allegations concerning Haut de la Garenne, and further reports have appeared in the press this week. These allegations led to Alan Collins (who acts for the eighteen) to commence the pursuit of enquires to ascertain the veracity of these reported links between the two cases, and prompted Haut de la Garenne victims to ask questions themselves. We are advising those victims who have contacted us, in confidence, as to what may be achieved on their behalf by way of redress arising out of the abuse they claim to have suffered. However, many persons who suffered abuse may not be aware of their right to pursue civil claims for compensation against the persons responsible, including claims against the relevant authorities within Jersey. They may also not be aware that, now this matter has come into the public domain, there may be time pressure within which to bring civil claims to avoid such claims being “prescribed”, or time-barred. We are very conscious of the fact that the Haut de la Garenne has caused pain and distress both in Jersey and abroad on the part of the victims, their families, and the wider community. This may well not be helped when there is a lack of information for victims as to their legal rights. We therefore consider that it is important that persons who suffered abuse are made aware of their right to bring a civil claim and of the potential time-bar issue. The current priority is clearly that any criminal prosecutions in relation to this matter proceed as quickly and smoothly as possible and we have previously contacted the States of Jersey police to assure them that we will not interfere with the criminal prosecutions.We consider that it would be in the best interests of all for this matter to be approached in a sensible and, if possible, consensual manner. Initially, we intend to raise with the Island’s authorities that they enter into an agreement that any rights in relation to prescription or time-barring of claims be suspended to prevent the need to issue proceedings, with a view to claims being resolved in the absence of litigation.
We will advise and assist all those victims of abuse at Haut de la Garenne who wish it to seek redress, whether this be in the form of compensation, recognition on the part of the authorities of the harm done and a formal apology. A team has been put together for this purpose which will be headed up by Advocate Mark Temple of Ozannes and Alan Collins of Dyer Burdett & Co .
For further information please contact Alan Collins or Mark Temple.
Today I attended a press conference with Mark Temple of Ozannes, at their offices, in St. Helier to explain why we wanted to talk to the media about Haut de la Garenne. It was attended by representatives from the BBC, ChannelTV and the Jersey Evening Post.
We explained that we wanted victims, and the wider community, to know that we were in a position to legal advice and assistance. We stressed that it was important that victims understood that they had rights, and that there was a risk in delaying the pursuit of any claim for compensation.
Alan Collins
02392 492472
In my experience to prove child sex abuse you need:
1. A clear account from the victim of what happened. The victim no matter how traumatic the experience of telling the story must give a credible account of the abuse;
2. The victim must be prepared to follow through with the case;
3. Supporting evidence can make the difference, for example, witness evidence, records, another victim prepared to give evidence;
4. A medical report supporting the victim’s account, which is possible even if may years have passed.
5. You must have a solicitor who understands these cases and is prepared to go that extra mile to help win the case.
For further information please contact me.
Alan Collins
02392492472
In my experience it is only in the last ten years or so that we have really woken-up to that taboo subject of sexual abuse and the fact that victims are entitled to be compensated.
The taboo is being gradually eroded away, and we read and hear in the news much more frequently now stories of sexually abuse. I suspect that we are still only scraping the surface.
When we talk about “sexual abuse”, perhaps, we immediately think of children being harmed, but in fact it covers a much wider field. It is now recognised that adults too, and not just children, can be subjected to sexual abuse and that this can occur in a variety off settings:
There is no stereotype, and what we do know is that abusers come in all sorts of shapes and sizes, and that the abuse can take place in all manner of situations.
Tragically it would seem from the cases that I have had that frequently the abuse could have been prevented or at the very least nipped in the bud. Children do complain, but all too frequently they have been ignored, perhaps, through ignorance, the turning of a blind eye, disbelief, or complicity. Adults might not come forward out of a sense of embarrassment, or mis-placed loyalty, or fear of what might happen to them if they speak out, or concern for the abuser, and often there is fear of not being believed.
Hopefully as result of victims coming forward and bravely making their voices heard the barriers of prejudice and ignorance are coming down, and that through greater understanding in the police, government, and society as a whole the tragedies of the past will not be forever repeated. There is still it seems to me a long way to go. The work of victim survivors’ groups and organisations such as Child Line are to be applauded.
Victims who consult me or my colleagues are ensured of a sympathetic ear and approach. We will tell you what can be done and how. If we can’t help we will explain why.
Claims for sexual abuse can be made against the abuser or the organisation responsible for the abuser, for example, an employer, religious organisation, local authority.
For a claim to succeed against an abuser this is what has to be proved:
The abuser may argue as his/her defence that the claim is time barred because of the Limitation Act 1980, which says a claim must be brought before the court within 3 years of the abuse or in the case of a child by their 21st birthday. The court does have discretion, which it will not exercise lightly, to dis-apply the bar but only if it is fair to do so. The strength of the evidence has to be strong in my opinion and experience for this to happen.
Also of course the abuser has to be worth suing. If she is worth tuppence there is no point in spending time and money pursuing them.
For a claim to succeed against an organisation, depending on the circumstances of the case generally speaking this is what we have to prove:
We have to show that the organisation was essentially responsible for what happened, and so in the case of an employer that they employed the abuser. Once again limitation could be used as a defence which must be over come in order to stand a chance of succeeding with the claim.
So what is my take from a lawyer’s perspective on “historic abuse cases”?
The usual scenario is that the victim was abused as a child, when vulnerable in every sense of the term, who then suppresses their memories of what happened. There are invariably feelings of guilt, shame and embarrassment. The history of abuse is often kept hidden from spouse and family. Their memories of the abuse are suppressed and often very effectively. The mask, however, sometimes slips through what we call the triggering of memories. A common experience is for the unpleasant memories to be rekindled as a consequence of watching a television programme, or reading an article in a newspaper or, perhaps, through being contacted as a result of a police investigation.
The “triggering” can have a dramatic effect. A victim may actually suffer a nervous breakdown and become very ill. Against such a background a victim will seek advice which culminates in them consulting a solicitor.
As a result of this rather circuitous route the solicitor has to form an opinion as to whether there is a viable case to pursue. Leaving to one side the issues of liability and causation for the moment, the question every lawyer has to ask him/herself is if a claim is going to be made will it fail because it is “statute barred”? This is frequently the hardest question and most difficult aspect of a case, and I would refer you to my other entries on my blog for further detail.
If a claim is to succeed not only does limitation have to be overcome I also need to prove the abuse and also that it harmed the victim. Common sense says that abuse causes harm, but we still have to prove it, and it is not always very easy. The greater the passage of time between the abuse and the victim coming forward the harder it is to prove, and it maybe impossible to do so.
To prove the case I need evidence. This could involve tracking down witnesses, perhaps, for example other victims. It may also mean looking for records. The client will be asked to help because they were there, and not the solicitor.
To prove the damage it will be mean that a medical report has to be prepared, and this would be usually be by a psychiatrist. It is their job to tell us whether the abuse has resulted in any recognised medical illness or condition. This in turn enables us to work out quantum, or in simple terms the amount of compensation you might be entitled to.
For further information please contact me.
Alan Collins
02392492472
