The need to amend the Law of Apologies

An apology by a responsible organisation or local authority can be an important element of redress for the survivor of non-recent child sex abuse. 

However, the recent statements by Calderdale Council in relation to the sexual and physical abuse of children at Skircoat Lodge in Halifax, illustrates that this is a difficult and complex issue. 

The abuse at Skircoat Lodge took place over nearly two decades and systemic errors and institutional failure by the council allowed the abuse to persist over such an extended period of time.

Immediately after the criminal trial involving Malcom Phillips and Linda Brunning earlier this year, the council issued a statement stating they were “deeply sorry for the harm and suffering caused by these individuals and apologises unreservedly for the devastating impact this abuse has had on the lives of their victims.”

Following criticism by survivors of abuse at the centre about the lack of personal contact and support since the trial, the council recently issued a further apology "The experiences described by survivors are deeply distressing, and we recognise the lifelong impact that abuse can have on the people affected.

"It was never our intention to give the impression that their experiences were not being acknowledged, and we thank them for the courage they have shown by sharing their stories. If anyone feels they are not receiving the support they need or wants to revisit previous support offered, we would encourage them to contact us."

Jordans Solicitors act on behalf of a number of survivors of abuse at the centre including some of those who have publicly criticised the council in relation to their actions and statements since the trial. They understandably found it difficult to regard such generic statements as a sincere apology and see a claim for compensation against the council as a more suitable route towards justice and  accountability.    

In my experience, the survivors of trauma and abuse often like a personal written apology from a senior person in the organisation or authority because it is something they can keep and refer to in the future. They can also share it with others. 

In 2024, Jordans Solicitors took part in the consultation process relating to possible primary legislation to reform the existing Law of Apologies. 

The Compensation Act 2006 provides that “An apology… shall not of itself amount to an admission of negligence or breach of statutory duty”. Despite that, many defendants remain reluctant to offer an apology. The Independent Inquiry into Child Sexual Abuse highlighted this problem. 

In Scotland, the Apologies (Scotland) Act 2016 attempted to address this reluctance by providing a definition of an apology and broader protection for a defendant. 

The majority involved in the government consultation supported amendments to the current law and it is the intention of the government to do that. However, there is still no timescale on when this will be implemented. 

The reaction of the survivors at abuse at Skircoat Lodge to the public apologies given to them shows that this is a hugely important issue and something that the government should act on as soon as possible. 

Jordans Solicitors are acting on behalf of vulnerable children and young adults whom it is alleged were sexually abused in a number of different types of institutions. 

Compensation is a small step towards taking control of your life and getting the justice you deserve.

We understand how difficult it can be for you to talk about the abuse you suffered during your childhood. That’s why our specially trained child abuse solicitors work closely alongside psychologists and barristers to support you both emotionally and legally.

Justice for child abuse survivors should be accessible no matter how long ago it happened. That’s why we fought for a landmark change in the law, which allows an abuse claim to be brought before a court regardless of when it took place.

If you want to discuss the options that are open to you, please contact our specialist Abuse Team at Jordans Solicitors.