Navigating Claims of Historical Abuse in Care

Historical abuse in care is a saddening part of the story of some state and faith-based care institutions.

The Royal Commission of Inquiry into Abuse in Care has been working hard to investigate what happened between 1950-1999 in order to inform how state and faith-based care can be improved. Some faith-based institutions are now grappling with how to address claims of historical abuse in care.

This page provides further information on legal support in responding to claims of historical abuse in care.

Historical Abuse in Care – Best Practice Guide

Our Historical Abuse in Care guide is available to download for free. The guide is intended to explain what best practice looks like for faith-based institutions looking to address claims of historical abuse in care.

Should you have any questions or wish to receive legal support, please do not hesitate to get in touch.

Download

Judith Bullin
Partner

Kris Morrison
Partner

Advice and Support for Responding to a Claim

Our team are available to support institutions who have received a claim of historical abuse, with advice on what to do when a claim is received, and the process for assessing and investigating claims. This includes guidance on importance of privacy of both the complainant and the individual/s complained against, ensuring compliance with the Privacy Act 2020.

Deeds of Settlement and Redress

We can also provide support with and prepare deeds of settlement. These are legally binding agreements between the claimant and the institution. A deed usually acknowledges the abuse that occurred or may have occurred, may include an apology and an offer of redress. Deeds of settlement are often also confidential between the parties signing, other than for any Government-based redress initiative.

Good Governance

In responding more generally to the risks of abuse in care, it is important for faith-based institutions to make sure they have good governance procedures in place. This includes having current policies and procedures, and regularly reviewing the rules and governing procedures of the faith-based institution to ensure they are fit for purpose – for registered charities, it is now a legal requirement to do this every three years.

We have more information available on good governance in the Governance Essentials section of our website.