Beechwood Children’s home Abuse and is it too late to bring a claim now?
The horrific abuse suffered by children in the care system in Nottingham and Nottinghamshire between the 1960s and 2000s was brought to the forefront of the media as a result of the Independent Inquiry into Child Sexual Abuse, the final report being published in October 2022, and the Police Operation Daybreak in 2011.
Both these investigations particularly focused on the notorious Beechwood Children’s home in Mapperley. Jordans has published numerous of articles about Beechwood and has been pivotal in recovering compensation for a number of survivors over the years.
Despite many survivors already coming forward, and their accounts being vital to the Independent Inquiry and Police Operation, even now survivors of abuse at Beechwood are still coming forward with their experiences at this Children’s home.
Is it too late to come forward now and make a claim?
Simple answer No but there are a number of hurdles we need to overcome to bring a successful Claim for Abuse and receive compensation.
Limitation – Limitation is a legal principle which refers to the period of time a person has to bring a case to Court. The ordinary rule in a Personal Injury case is that you have 3 years from the date of the event to bring a case to Court. Where the even occurs when a person is a child then that person has until the date of their 21st birthday to start formal proceedings.
The Court is focusing on whether it is possible for there to be a fair trial, which means that the Court will consider what is fair to the Claimant and the Defendant, together with the reasons for the delay in the bringing the claim. The Court accept that a person who has suffered sexual abuse is not always able to disclose the abuse they have suffered for some time after the events took place. They will take into consideration just how much outside limitation the case is. Each case is considered on its own merits. The Court will consider whether there has been any previous attempts to disclose the sexual abuse and whether any of the abusers are still alive. If they have died a fair trial may not be possible but it does not mean you definitely cannot bring a claim, other considerations will be looked at including whether the abusers have been convicted. Nottingham Council are still settling claims now for abuse at Beechwood Children’s home and we continue to act for these survivors.
Proof of the Abuse – if the limitation hurdle is overcome, it is necessary to prove the fact of the abuse. It is widely reported that a number of employees at Beechwood Children’s home have already been convicted for sexual and physical abuse against children who were residents at Beechwood during the 1960s to 2000s. Social care records can also place a Claimant at the Children’s home at the same time the named abusers were employed there so are key evidence in these claims. Given the passage of time many records are no longer available how Council’s do still have access to some, and Nottingham Council have been able to provide documentation for a number of our clients.
Causation – if the abuse can be proven then it will be necessary to establish whether a claimant has suffered injuries as a direct result of the abuse, this can be done by Jordans instructing a psychologist to prepare a medical report considering how the abuse suffered has impacted the Claimant.
Despite the hurdles faced by many Claimants bringing historical abuse claims, they are still possible and we have acted on a number of claims which on the face of it appear well outside limitation, particularly claims at Beechwood Children’s home, however we have still managed to secure compensation awards for a number of claimants.
If you were subjected to physical or sexual abuse whist a resident at Beechwood Children’s Home in Nottingham please do not hesitate to contact us.
Jordans Solicitors – helping victims of sexual abuse claim compensation.
If you have been a victim of physical and/or sexual abuse and would like to speak to one of our Specialist Abuse Lawyers in confidence, please do not hesitate to contact us.
We have the knowledge and experience to advise you on the available options for pursuing a Criminal Injuries Compensation Claim and/or civil damages claim.
Our Sexual Abuse Compensation Team can be contacted by telephoning 08009555094 or 03303001103.
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