Content warning: This article discusses institutional abuse. If this topic is distressing, support is available through 1800RESPECTor the Blue Knot Foundation.
What Is Institutional Abuse?
Institutional abuse occurs when a person—often a child or young person—is physically, sexually, emotionally, culturally abused or neglected while in the care of an institution or someone connected to it. It frequently involves a breach of duty of care and may happen both on-site and off-site (for example, during an excursion or in a child’s home if the perpetrator had access through their institutional role, as in Bird v DP).
Examples of institutions where abuse may occur include:
- Schools (government or private, including boarding schools)
- Churches or faith-based organisations (including youth groups or camps)
- Foster care and out-of-home care
- Youth detention or juvenile justice centres
- State-run children’s homes or residential facilities
- Defence Force cadet programs or youth camps
- Sporting clubs, recreational groups, or after-school programs
The Royal Commission into Institutional Responses to Child Sexual Abuse revealed widespread institutional failures and led to reforms that now make it easier for survivors to pursue justice—including removing time limits for bringing civil claims.
What Is an Institutional Abuse Claim?
An institutional abuse claim is a civil legal action brought by someone who was abused while under the care of an institution. The claim seeks compensation for the long-term impacts of that abuse, which may include:
- Psychological trauma and mental health injuries
- Reduced earning capacity or disrupted education
- Ongoing treatment or care costs
However, for many survivors, it’s not just about compensation. A claim can also bring:
- Formal recognition of what happened
- An apology or institutional response
- A sense of accountability, dignity, and closure
Importantly, you do not need to have reported the abuse to police to make a civil claim.
What Are the Steps in an Institutional Abuse Claim?
Understanding the typical stages in a claim can help you feel more informed and in control. While the legal process can vary depending on your circumstances and location, most institutional abuse claims follow these key stages:
Step 1: Initial Consultation and Telling Your Story
Your first meeting with a lawyer is confidential and non-judgmental. This appointment is an opportunity to share your story and begin building a timeline of events. You won’t need to provide every detail immediately, but the legal team will begin to assess:
- When and where the abuse occurred
- The identity of the institution(s) involved
- The nature and impact of the abuse
- Whether relevant records or witnesses may exist
- Any steps already taken (e.g., therapy, reports, or past claims)
You’ll also receive an overview of your legal options and what each path involves. There is no obligation to proceed—this appointment is about understanding your rights.
Step 2: Choosing a Legal Pathway
After your initial consultation, your legal team will outline possible legal avenues. Each pathway differs in complexity, evidence requirements, and outcomes:
- Civil Damages Claim: A legal action in court seeking compensation for pain and suffering, lost income, and treatment costs.
- National Redress Scheme: A government-run alternative offering capped monetary payments and optional apologies or counselling, for eligible survivors of abuse in institutions that have joined the scheme.
- Confidential Settlement: A negotiated out-of-court agreement with the institution involved. This avoids litigation but still provides compensation and possibly a written apology.
Each option involves different processes and benefits. You’ll be supported to choose the option that aligns with your personal goals and capacity — some survivors prioritise formal accountability, while others prefer privacy and closure.
Step 3: Evidence Collection and Case Building
If you choose to proceed, your legal team will gather documentary and testimonial evidence to support your claim. This may include:
- Institutional records – School enrolment records, care files, staff rosters
- Medical or psychological reports – Past or current assessments of mental health impact
- Medicare and Centrelink records – To demonstrate long-term health or employment effects
- Education and employment history – Missed schooling or job loss due to trauma
- Police or complaint records – If previous reports were made
- Witness statements – From family, friends, former students or staff
It’s common to have memory gaps—trauma can affect recall. Lawyers can help reconstruct timelines and locate missing documents.
Step 4: Medical Assessments (If Required)
For most civil claims — and some redress or settlement options — an independent medical report is needed to assess the psychological impact of the abuse. This involves seeing a psychiatrist or psychologist who will:
- Review your medical and abuse history
- Conduct a clinical assessment
- Provide a report on the long-term impact of the abuse (sometimes using legal scoring tools)
These appointments can be confronting. You may be asked to discuss the abuse in detail and describe how it has affected your life. Your legal team should:
- Prepare you in advance
- Debrief with you afterward
- Connect you with support services or safety planning if needed
Step 5: Resolution — Settlement or Court Hearing
Once the case is prepared, the matter will move to resolution. There are two common outcomes:
- Settlement
Most claims are resolved through out-of-court negotiation. Your lawyer will:
- Quantify your claim (i.e., calculate compensation value)
- Send a letter of demand to the institution or its insurer
- Negotiate a settlement or mediation outcome on your behalf
Settlements can include monetary compensation, an apology, access to counselling, or future treatment costs.
- Court Hearing
If a settlement is not reached, the matter may proceed to court. This process involves:
- Filing formal pleadings (statement of claim, defence)
- Discovery (exchanging relevant documents)
- Possible cross-examination at trial
- A judge ultimately deciding the outcome and compensation
Your lawyers will support you every step of the way, and may apply for special protections (such as suppression orders or video evidence) to reduce retraumatisation.
Taking the First Step
Deciding to pursue a claim is deeply personal. For many survivors, it’s about more than compensation—it’s about validation, accountability, and moving forward.
If you’re considering a claim, it helps to speak to someone who understands both the law and the trauma involved. At Ryan Carlisle Thomas, we:
- Offer free, confidential consultations
- Work on a No Win, No Fee basis (conditions apply)
- Have over 30 years’ experience in institutional abuse law
- Take a trauma-informed, client-led approach
Ready to talk? We’re here to support you with compassion, care, and clarity. Contact our team today to explore your options in a safe, respectful space.
