Where abuse takes place within an organisation, many survivors understandably ask whether the organisation itself can be held responsible and not just the individual who caused harm.
In many cases, the answer is yes.
Claims against organisations often arise where there has been a failure to protect someone properly. These cases are sometimes called institutional abuse claims and typically involve schools, care homes, religious institutions, sports clubs, or workplaces.
If you have experienced abuse in a setting where others had responsibility for your safety, it is important to understand your legal options.
There are two main ways an organisation may be legally responsible for abuse:
This applies where the organisation is held responsible for the actions of an individual connected to it, such as an employee, volunteer, or person in a position of authority.
The courts will look at:
For example, if someone was placed in a position of trust; such as a teacher, coach, or carer, and that position gave them the opportunity to commit abuse, the organisation may be held liable.
This principle has developed significantly in recent years, making it easier for survivors to bring claims against organisations where abuse occurred in an institutional setting.
An organisation may also be liable if it failed to take reasonable steps to protect you from harm.
This often includes failures such as:
Organisations in the UK have a legal duty of care to protect those under their supervision. If that duty is breached, and harm occurs as a result, a claim in negligence may arise.
In some cases, claims have been brought against public authorities, such as local authorities, where there has been a failure to take appropriate action to protect children at risk of abuse.
Every case depends on its own facts.
A failure to protect could include situations where:
For example, if a school failed to act on repeated complaints about a member of staff, or a care provider did not carry out appropriate background checks, those failures may form the basis of a claim.
Not necessarily.
While it is possible to bring a claim directly against the individual responsible, this is often not practical. Individuals may not have the means to pay compensation or may no longer be traceable.
In many cases, claims are instead brought against the organisation because:
This approach is common in abuse claims and is recognised within the legal system.
Historically, strict time limits applied. However, the courts recognise that survivors of abuse may not feel able to come forward for many years.
For this reason:
If you are unsure whether you are out of time, it is always worth seeking advice.
While each case is different, the process typically includes:
At each stage, the focus is on ensuring the process is handled with sensitivity and respect.
At Ison Harrison, we understand that speaking about abuse is never easy.
Our specialist team provides:
We have extensive experience in supporting survivors through complex and often historic claims, always placing your wellbeing at the centre of what we do.
If you are considering a claim, you do not have to make any immediate decisions.
An initial conversation can help you understand:
There is no pressure to proceed.
If an organisation failed to protect you, you may be entitled to bring a claim.
If you feel ready, the team at Ison Harrison is here to listen, advise, and support you with sensitivity and professionalism.
Contact our specialist team confidentially at www.sexualassaultclaims.co.uk or call 0113 284 5000