School Abuse Lawyers for Historic Abuse in Schools and Childcare
School Abuse Lawyers for Historic Abuse in Schools and Childcare
Schools and childcare services are meant to be safe places for children. For many survivors they were the places where trusted adults used their power to harm them or where warnings were ignored to protect reputations.
Most of the people who contact Donaldson Law about education facility abuse are now adults. The abuse happened when they were children or teenagers under 18. Years or decades may pass before they feel able to talk to a lawyer. That delay does not make their experience any less real or any less important in the eyes of the law.
Donaldson Law acts for survivors of historic abuse in:
- primary and secondary schools
- boarding schools and hostels
- preschools and kindergartens
- long day care services
- family day care and in home care
- out of school hours care and vacation care connected with schools
You do not have to know whether your old school or childcare provider has been in the news or joined a scheme. Many of our clients have never told anyone in authority what happened. Our role is to listen, to explain your options in clear terms and to help you decide what to do next at your own pace.
Historic School Abuse and Your Legal Rights
Under Australian law schools and many childcare providers owe children a duty to take reasonable care for their safety. That duty arises from the relationship between the institution and the child. In many cases an education authority or organisation can also be held responsible for abuse by teachers, carers or staff where they failed to protect children from a foreseeable risk of harm.
Depending on your situation possible legal pathways may include:
- a civil claim for damages against a school, education authority, church body or childcare provider
- an application to the National Redress Scheme where the institution has joined the scheme and the abuse meets the criteria
- participation in any state based redress or apology programs that apply to older school or children’s home settings
- restorative or apology processes offered by some schools, churches or systems
You usually cannot accept an offer under the National Redress Scheme for a particular institution then later bring a civil claim against that same institution for the same abuse. It is important to understand the differences between redress and civil litigation before deciding which path to take. On the main Institutional Abuse page we explain how these systems interact. On this Education Facilities page we focus on how they apply to school and childcare survivors.
Common Education Facility Abuse Patterns We See
Every survivor’s story is unique. There are however patterns that appear again and again in Royal Commission material and in the accounts we hear from clients.
Abuse By Teachers, Carers or Staff
- classroom teachers
- boarding staff
- school counsellors or chaplains
- childcare workers and family day care providers
Often there were warning signs. Other staff or parents tried to raise concerns. Systems for screening, supervision and complaints were inadequate. These failures are an important part of the legal picture.
Abuse By Other Students
Boarding School Abuse
• night time access to dormitories by staff
• unsupervised activities
• hazing, initiation rituals or punishments that crossed into abuse
The law recognises that boarding environments can create a very high level of responsibility for the institution that has taken the place of home.
Early Childhood, Day Care and Family Day Care
• centre based child care
• family day care and in home care
• occasional care and out of school hours care
In some cases these services sit within a school system. In others they are run by private providers, charities or local councils. Responsibility may sit with more than one body including regulators. We help you understand who may be legally responsible.
Failure To Respond to Complaints
Types Of Education Facilities We Commonly Act Against
To make it easier to find information that matches your experience our institutional abuse content is grouped by setting. Education facilities commonly include:
- government primary and secondary schools
- Catholic and other non government schools
- boarding schools and hostels
- preschools and kindergartens
- long day care and family day care
- out of school hours care and vacation care services
Responsibility for these settings may sit with state education departments, Catholic education offices, religious orders, independent school authorities, child care companies, councils or community organisations. On our State Departments And Statutory Institutions, Commonwealth Departments And Statutory Institutions, Religious Institutions and Community Organisations pages we go into more detail about those different structures.
If your experience does not fit neatly into one category we can still talk with you about which institution or institutions may now be responsible and which pathways apply.
How We Work With Survivors of School and Childcare Abuse
When you contact us about historic abuse in an education or care setting you do not need to use legal terms. You can start by telling us:
- where you went to school or care
- roughly how old you were when the abuse occurred
- anything you recall about who knew and what was done at the time
From there we:
- Identify the school, system or provider involved
- Work out which body or bodies are now responsible
- Check whether the institution has joined the National Redress Scheme or any other scheme
- Consider whether a civil claim is available and advisable in your circumstances
- Explain the advantages and limits of each pathway in clear terms
- Work with you to choose a strategy that reflects your safety and your goals
Sometimes that strategy will involve a civil claim. Sometimes it will involve redress, apologies or restorative processes. Sometimes it will involve a combination over time. You remain in control of whether to move forward and how far to take any process.
◈ Other Institutions We Commonly Act In ◈
You do not need to see your specific institution listed to get in touch. These examples illustrate the types of institutions we frequently provide advice on. We also have dedicated pages for the key areas of institutional abuse where we most commonly act:
From this Institutional Abuse hub you can click through to learn more about how the law may apply in your situation and which bodies or schemes may be relevant.
Why Survivors of Historic School and Childcare Abuse Choose Donaldson Law
Historic school abuse claims and childcare abuse claims are complex. They require more than technical knowledge of negligence. They need a firm that understands trauma, education systems and the realities of dealing with government, church bodies and large providers.
Survivors choose Donaldson Law because:
Education Facility Abuse FAQs
If you experienced abuse in a school, boarding facility, preschool, day care, family day care or out of school hours care setting and you feel ready to talk about it you can contact us by phone, email or through our online form.
