Can you claim compensation for assault in the UK?

What type of incident can lead to compensation for assault?

Assault can take many forms. It is crucial to remember that no matter what the situation or where the offence took place, assault is a criminal offence and both a criminal and a civil case can be pursued. This can include, but is not limited to:

• Abuse or assault in care settings, including health and medical care and in care homes
• Abuse or assault in religious settings
• Abuse or assault in policing, such as assaults in police custody
• Single incidents of sexual or physical assault in a public place
• Domestic violence or assault

For example; in May 2015, CCTV footage from a Tesco supermarket in Sheffield was leaked to the public, showing a man who had been accused of shoplifting being detained and assaulted by two members of staff.

The man was a vulnerable adult in his mid-thirties, reported to suffer from schizophrenia and other mental health issues. During the attack, he was allegedly detained in a room for up to 40 minutes, where he had water thrown over him, his face smashed into a wall and was dragged to the floor by two male Tesco supermarket workers.

He pled guilty to the shoplifting offence at Sheffield Magistrates Court, receiving a conditional discharge.

How can assault result in a compensation claim?

When a serious incident such as assault or false imprisonment has occurred, the first – and sometimes only – action many people think to take is, quite rightly, to call the police. If the police and the Crown Prosecution Service (CPS) find evidence that a criminal offence has been committed, they could bring criminal charges against the individuals responsible.

However, assault is not just a criminal offence. It is possible to bring a civil claim for assault, trespass or for false imprisonment. Our solicitors have brought a number of such claims for victims of assault, representing victims of both physical abuse and sexual abuse against various institutions, including churches and schools.

In the case of the man assaulted at the supermarket, a civil compensation claim could be brought against the staff who allegedly committed the assault and imprisonment, but the reality is that they would be unlikely to be able to afford to pay any damages awarded. Therefore, in these sorts of cases, what tends to happen is that any civil claim would be brought against Tesco; as the employer of the staff who allegedly committed the assault, they could be liable under the principle of what lawyers call ‘vicarious liability’.

What kind of damages can be included in compensation for assault?

In additional to basic damages in this sort of case, if successful, then there could potentially be ‘aggravated damages’ awarded, although that is rare.

Aggravated damages may be sought simply for the manner of the assault, particularly when it causes injury to someone’s pride and dignity and give rise to humiliation, distress, insult or pain.

They have been awarded in sexual abuse and assault cases, and we always seek them where appropriate for our clients.

What to remember when making a compensation claim for assault

Here are some of the most important things to know if you are thinking about pursuing an assault claim for compensation:

• In general, you have two years from the date the assault took place to start an assault claim
• You don’t need to know your attacker to start a claim
• Claims can be made against the individual who committed the offence, or through the Criminal Injuries Compensation Authority (CICA)
• You will usually need a Police Crime Number to pursue a claim
• Claims can be pursued on a No Win No Fee basis, meaning there’s no financial risk to making a claim

How can Slater and Gordon help me claim for assault?

Our specialist abuse team are experts in this field of law with many years’ experience, during which time they have represented victims and survivors of abuse and physical assault in some of the most high-profile cases in UK history. Deciding whether to pursue a claim is a very important decision and advice from specialist abuse lawyers is essential.

To find out more about how we can support you on a No Win No Fee basis, talk to us today on freephone 0330 041 5869 or contact us online to speak to one of our legal experts.

All the above information was correct at the time of publication.