Options for child abuser survivors when the Police “NFD”

Survivors of child abuse can report the abuse they suffered to the Police, in addition to pursuing a civil claim for compensation. Usually, the civil claim would be placed on hold whilst the criminal investigation takes place, to ensure any civil claim does not prejudice the criminal investigation.

A criminal conviction obtained against an abuser would inevitably strengthen the evidence in the civil claim for compensation. 

However, many survivors of child abuse feel unable to bring their allegations to the attention of the Police until many years after the abuse has taken place.  In some cases, it can be decades later that the survivor feels they are finally able to speak out about the abuse they suffered.

Such assaults inevitably involve substantial stigma, guilt, embarrassment and humiliation, all of which are recognised factors which can impede survivors from coming forward and reporting the assaults until many years later. 

Sexual assaults are often perpetrated against survivors when they are children and by someone who was in a trusted position of authority, which can also inevitably influence the Claimant’s judgment and attitude towards authority.

If a Claimant reports the abuse to the Police many years after the abuse has taken place, unless there is documentary evidence to prove the abuse, if is often the case that it will be the Claimant’s word against the word of the alleged abuser.

The Police will interview the alleged abuser (if they are alive and can be located), however if there is no evidence to confirm the abuse and the alleged abuser makes a ‘no comment’ interview or denies the allegations of abuse, the Police may often make an “NFD”.

A Police “NFD” is the abbreviation for “No File Decision”, which tends to mean an officer of inspector rank or above has consider the allegations and whether the evidence meets the “evidential test” and has subsequently decided the evidence does not meet the threshold required and that the Police are closing their investigation.

However, a Police “NFD” does not mean a civil claim cannot be pursued.

There may be additional reasons as to why the Police have made their “NFD”, for example the Police would consider factors such as whether the health of the alleged abuser would impede their ability to stand a criminal trial.

If you are a survivor of child abuse and you have reported the alleged abuser to the Police and subsequently the Police have made an “NFD”, it is always worth instructing a solicitor to consider all the available evidence, to determine if a civil claim for compensation can still be pursued. 

A solicitor may also be able to obtain disclosure from the Police to establish a clearer picture regarding the “NFD”.

Even if an alleged abuser has not been convicted in relation to the Claimant, the alleged abuser may have been convicted in relation to other survivors, which may add weight to the Court’s decision as to whether in the Court’s view the alleged abuser has also abused the Claimant.

In civil claims for child abuse, the claim is not usually brought against the alleged abuser, often because the alleged abuser may be deceased, is in prison or has no financial means of paying any compensation.

Under normal circumstances, the civil claim would be pursued against the local authority or the institution that was responsible for employing the alleged abuser, based on the local authority or the institution’s vicarious liability which may render them liable for the actions of their employees.

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.