Solicitors and Legal Process:

Making a complaint to the Police or taking legal action against the perpetrator(s) of abuse can be a difficult, confusing and sometimes emotionally painful process. Therefore we have asked our friends at Abney Garsden McDonald Solicitors to help us provide you with as much information as possible, without creating any more confusion by using legal jargon.

Principal solicitor at Abney Garsden McDonald and Vice-President of Association of Child Abuse Lawyers, Peter Garsden, had this to say,

"We are a team of solicitors and ancillary staff who are committed to helping the victims of abuse claim their legal rights and find whatever legal remedies are available to them. We are the largest dedicated team of specialised lawyers in the field in the country. We know that a trip to see a solicitor can be at best, the cause of great apprehension and anxiety, but the team here at Abney Garsden McDonald are committed to making the relationship between you and us as comfortable as possible. Commitment to clients, together with a willingness to acquire knowledge and listen empathetically, are important to us. We are proud to be able to offer support to Survivors Manchester as an organisation and it’s members".

The following is a brief run down of key points in the legal proceedings of making a case against the perpetrator.

  1. Report the abuse to the Police. Any case for compensation is much stronger if the police have already prosecuted the abuser. Even if the police have not brought a case against the abuser, the fact that a complaint has been made will help a lot.
  2. Funding. Before we can take on a case we need to find a method of paying our fees, which varies from Legal Aid to "No Win No Fee" Agreements, or private arrangements depending on the merits of the case and your financial situation.
  3. Evidence. We have to prove the case with a statement from you and any other witnesses. We are also interested in speaking to any other victims of the abuser. Supportive evidence is vital to the case.
  4. Records. We need to obtain any records that exist from doctors, social services, schools etc. They often prove that you went to the institution where you allege abuse, or contain evidence of complaints you made (if applicable). The records often document a history of psychiatric harm, which is vital.
  5. Medical Report. We must show that as a result of the abuse you have suffered physical or mental injury. Armed with the records, we will instruct an independent expert to give us a report on your injuries. It will be necessary for you to spend a few hours with him/her.
  6. Once we have assembled all our evidence we will put your case to the person responsible, who could be the abuser him/herself, or the employers of him/her. Some of our cases involve bringing a case against statutory agencies such as Social Services, for such things as ‘lack of care’.
  7. If we cannot get an admission of liability it may be necessary to start court proceedings. This is time consuming and can take from 2+ years from start to finish.
  8. If the police prosecute it is quite likely that you will have to give evidence against the perpetrator in court. The police can best advise you about this. Most compensation cases settle without going to court. In less than 5% of compensation cases would you have to give evidence in court.
  9. The rule in most compensation cases (unless we advise you to the contrary) is that the loser pays the winner's costs. Therefore you should normally get 100% of your compensation.
  10. Initial advice costs nothing. We advise people free of charge all the time, and only take cases on if we think they have legal merit.

We are also delighted to be able to provide you with two essential guides for anyone thinking about, beginning or going through legal proceedings. They can be downloaded by clicking the relevant buttons below.

A Guide to A Court Case - PDF Document requires Adobe Acrobat

A Legal Overview for Child Abuse Survivors - PDF Document require Adobe Acrobat

If you would like further information or to talk one of the legal team, please contact Abney Garsden McDonald, quoting Survivors Manchester, at:

A: 37 Station Road, Cheadle Hulme, Cheshire. SK8 5AF
T: 0161 482 8822
E: reception@abneys.co.uk

Or go to the website at www.abuselaw.co.uk