INSURERS REFUSE PAYOUTS TO VICTIMS OF CHILD ABUSE

A leading child abuse solicitor, Peter Garsden has spoken out about his disappointment at insurance companies who refuse to pay compensation to victims of child abuse despite evidence that the abuse took place. The Cheadle Hulme based solicitor whose company represents adult survivors of child abuse has said that insurance companies working on behalf of the parties responsible for causing the abuse often rely on technical points to avoid reaching settlement and admitting liability.
Commenting on the insurers, Peter who is also the President of ACAL (The Association of Child Abuse Lawyers) said, “The major frustration in having to deal with child abuse compensation cases is the adversarial and litigious way in which the insurers of children’s homes approach the cases. They tend to take technical points, in order to save money, and grind down the Claimant so they become frustrated and give up. This is a form of repetition of the abuse suffered in childhood, and does damage when the victim perceives that once again they are not being believed. In contrast, Local Councils representing themselves appear to take a more pragmatic and sensitive approach. They settle cases where the abuse is proved, and the person that has been let down by the care system is compensated for the harm caused to them, which usually has ruined their life.”
Jim Browne, 50, is represented by the firm of solicitors and was abused as a child in the early 1970’s at St Aidans children’s home located in Widnes until its closure in 1983. Mr Browne has tried to sue The Nugent Care Society in Liverpool who ran the home but is still waiting to receive compensation after a 12-year battle with them and their insurers.

Speaking about his claim Mr Browne said, “I have now waited for 12 years for justice, but still the insurers drag their heels for any form of settlement and admit that they were liable, that way I could lead a normal life again and not have this hanging over my head for a further 12 years. Many claimants have pulled out of the class actions due to the time that the courts are taking many have died waiting. I for one have suffered a massive heart attack this year which the doctors tell me is caused by stress, some have taken pitiful pay outs without any admission of guilt. This has cost this country millions in legal fees over the years and it would have been cheaper for the insurers to just pay out. Now that Jersey has come to light maybe people will now believe in what we say and we are all not suffering from false memory syndrome. I have not suffered alone during this past 12 years, my family have had to go through my pain with me also. I for one will never give up this fight until the day I die and after that my family will take on the fight not just for me but for the rest of the survivors of historical child abuse.”

Like Jim Browne, many children in the 60’s and 70’s went through the care system. In 2001 there were some 98 police investigations going on in to abuse in care homes in England and Wales. Peter Garsden who is currently the co-ordinating solicitor for most of the North West child abuse group actions believes that there is still wide spread disbelief regarding the scale of abuse that occurs in our society and that this together with other factors such as the reluctance of the insurers to settle all serves to increase the victims suffering.