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.
When Can an Organisation Be Held Liable?
There are two main ways an organisation may be legally responsible for abuse:
- Vicarious Liability
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:
- The relationship between the organisation and the individual
- Whether the abuse was closely connected to that role
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.
- Negligence and Safeguarding Failures
An organisation may also be liable if it failed to take reasonable steps to protect you from harm.
This often includes failures such as:
- Ignoring complaints or warning signs
- Inadequate supervision or training
- Poor recruitment or vetting procedures
- Failing to follow safeguarding policies
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.
What Does ‘Failure to Protect’ Mean in Practice?
Every case depends on its own facts.
A failure to protect could include situations where:
- Concerns were raised but not investigated
- Known risks were not properly managed
- An individual was allowed continued access to vulnerable people
- Systems or safeguarding procedures were ineffective or not followed
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.
Do You Have to Claim Against the Individual First?
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:
- They are better placed to meet a compensation claim
- Insurance may be available
- There is a wider public interest in holding institutions accountable
This approach is common in abuse claims and is recognised within the legal system.
Is There a Time Limit for Bringing a Claim?
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:
- The court has discretion to allow claims outside standard time limits
- Further legal reforms are being considered to remove limitation periods in some sexual abuse claims altogether
If you are unsure whether you are out of time, it is always worth seeking advice.
What Does the Claims Process Involve?
While each case is different, the process typically includes:
- Initial confidential discussion
You can speak to a lawyer in a safe and supportive environment about what happened. - Review of evidence
This may include records, witness evidence, and any prior reports or complaints. - Identifying the responsible parties
This could include an individual, an organisation, or both. - Valuing the claim
Compensation can include damages for pain, suffering, psychological impact, and financial losses. - Negotiation or court proceedings
Many cases settle without the need for a trial.
At each stage, the focus is on ensuring the process is handled with sensitivity and respect.
How Ison Harrison Can Support You
At Ison Harrison, we understand that speaking about abuse is never easy.
Our specialist team provides:
- Confidential advice
- Clear explanations of your legal options
- Sensitive handling of your case from start to finish
- Representation in claims against individuals and organisations
We have extensive experience in supporting survivors through complex and often historic claims, always placing your wellbeing at the centre of what we do.
Taking the First Step
If you are considering a claim, you do not have to make any immediate decisions.
An initial conversation can help you understand:
- Whether you may have a claim
- Who it could be brought against
- What the process might involve
There is no pressure to proceed.
Speak to Us in Confidence
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
