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School abuse claims – seeking justice for survivors

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Every child has the right to feel safe at school. When that trust is broken due to abuse or neglect, survivors and their families have the right to pursue justice.

School abuse claims provide a legal pathway for survivors to hold responsible parties accountable and seek compensation for abuse or neglect. Whether the abuse was physical, emotional, or sexual, the law provides protections to help survivors move forward.

With compassionate legal support from our trauma-informed team, we’ll guide you through the process, ensuring your voice is heard and your rights are protected.

What Is institutional abuse in schools?

Institutional abuse in schools occurs when children suffer harm due to the actions or negligence of teachers, staff, or administrators. This can include direct abuse by individuals or systemic failures where schools fail to prevent or respond to incidents.

Institutional abuse often reveals deeper issues, such as:

  • inadequate safeguarding policies,
  • failure to report abuse, and
  • school boards prioritising reputation over student welfare.

Schools, teachers, school boards, and even government agencies may all play a role in ensuring student safety and can be held accountable if they fail to provide duty of care.

We are currently investigating allegations of abuse at more than 170 institutions across Australia. To learn more, click here.

Types of school abuse and negligence

No child should experience violence at school. Yet in some cases, schools still use excessive discipline or fail to intervene when staff or students inflict harm.

Examples include:

  • corporal punishment
  • unnecessary restraint
  • failing to stop bullying, hazing, or student violence.

Schools have a legal obligation to intervene and can be held liable if they don’t. 

Sexual abuse within schools is a serious violation of trust and safety. Cases often involve teachers, staff members, or even other students.

Grooming, inappropriate relationships, and sexual exploitation can have long-term psychological effects on survivors, and schools may be legally accountable if they fail to prevent or report abuse under their supervision. 

Bullying, harassment, and intimidation can be just as damaging as physical abuse. Schools must take reports of emotional harm seriously and provide appropriate support.

Failure to act on complaints of emotional abuse can be considered negligence, making schools liable for school abuse claims.

Many cases of institutional abuse in schools stem from systemic failures. Schools that ignore complaints, fail to implement safeguarding policies or protect abusers instead of students can be held legally accountable.

A lack of proper oversight allows abuse to continue unchecked, harming multiple students over time.

Who is liable for school abuse?

Schools have a legal obligation to protect children from harm. When that duty is breached - through negligence, poor policies, or deliberate cover-ups, they may be liable.

There are numerous legal precedents where schools have been successfully sued for failing to prevent abuse.

In some cases, schools attempt to shift blame onto individual perpetrators to avoid liability. This can complicate school abuse compensation claims.

Our experienced school abuse lawyers know exactly how to challenge this and keep the focus on the institution’s duty to protect students.

Legal basis for school abuse compensation claims

Vicarious liability means that schools and institutions can be held legally responsible for the actions of their employees’ misconduct.

Courts assess whether the school:

  • provided a safe environment
  • took reasonable steps to prevent abuse.

If they fail, the school may be legally responsible and required to pay compensation.

Every student has the right to feel safe, protected and supported at school. Australian law protections exist to safeguard students from abuse, including mandatory reporting laws and government regulations.

Recent changes have strengthened protections for survivors, ensuring that institutional abuse in schools is taken seriously and investigated thoroughly.

If you’ve been impacted by school abuse, our experienced team will listen to your story and guide you through what legal options are available. You are not alone. Contact us today.

What are my next steps to make an abuse claim?

  1. 1. Talk to us

    Tell us your story. We will listen, and believe you. We work on cases like this all the time.

  2. 2. We'll review everything, together

    We will go through the details of your case, and explain your choices. You won't have to tell your story over and over.

  3. 3. Start your legal claim

    We will build the evidence and lodge the claim on your behalf.

  4. 4. Seek justice

    We're on your side, standing up for what's right. We'll fight to have your voice heard.

Compensation for school abuse survivors

Vicarious liability means that schools and institutions can be held legally responsible for the actions of their employees’ misconduct.

Courts assess whether the school:

  • provided a safe environment
  • took reasonable steps to prevent abuse.

If they fail, the school may be legally responsible and required to pay compensation. 

Every student has the right to feel safe, protected and supported at school. Australian law protections exist to safeguard students from abuse, including mandatory reporting laws and government regulations.

Recent changes have strengthened protections for survivors, ensuring that institutional abuse in schools is taken seriously and investigated thoroughly. If you’ve been impacted by school abuse, it's important you speak with an experienced abuse lawyer as soon as possible.

How our school abuse lawyers can help

searchTrauma-informed legal support

Navigating a legal claim can be overwhelming, especially for survivors. That’s why our experienced school abuse lawyers provide compassionate, trauma-informed legal guidance every step of the way.

We’ll ensure you feel supported throughout the legal process while also connecting you with psychological and emotional resources.

searchBuilding a strong case for compensation

Our experienced legal team will thoroughly investigate school records, interview witnesses, and challenge attempts to deny responsibility. We understand how to confront resistance from schools and their insurers and demand accountability.

searchSettlement vs. going to court

Many school abuse cases are resolved through confidential settlements, allowing survivors to receive compensation faster without the stress of going to court. However, some cases may go to trial if the school refuses to take responsibility. Our experienced lawyers can provide guidance on the best approach based on individual needs, evidence and goals.

Protecting students – preventing future abuse in schools

Pursuing a school abuse claim not only secures justice for survivors, but it’s also about driving institutional change to create safer schools for future generations.

Schools must implement stricter safeguarding policies, improve reporting mechanisms, and ensure proper staff training to prevent future abuse. Parents, teachers, and administrators all play a role in ensuring student safety.

If you or someone you know has been affected, our dedicated abuse law team is here to help. Contact us for confidential, expert advice.

Frequently asked questions (FAQs)

Yes. Legal reforms across Australia recognise that survivors often need time to come forward. Although gathering evidence for older cases may be challenging, many survivors have successfully pursued compensation claims many years after the abuse took place.

Yes. Under vicarious liability laws, schools can be held legally responsible for abuse committed by staff members. If a school fails to properly hire, supervise, or take action against an abusive teacher, they may be liable.

In some cases, individual perpetrators can also be sued directly.

The time limits for school abuse claims depend on the type of abuse and jurisdiction. Many cases have specific statutes of limitations, but exceptions exist for historical abuse cases. Speaking to an experienced lawyer in our team as soon as possible can help determine if you are still eligible to file a claim.

Our lawyers will work with you through every step of the process

Take the first step towards justice and support. Our team of dedicated institutional abuse lawyers is here to listen to your story and provide expert legal assistance and support.

Contact us today for a confidential, no-obligation consultation.

Need to speak to us sooner? Call us on 1800 111 222.


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No Win, No Fee

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Contact our expert insitutional abuse lawyers

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We have experts all over Australia to help you with your claim. 

Danielle De Paoli

Danielle De Paoli

Special Counsel, Childhood abuse, Public place injury, Road injury, Work injury

  • Sydney, NSW
  • (02) 9806 7210
John Rule

John Rule

Principal Lawyer, Childhood abuse

  • Melbourne, VIC
  • (03) 8102 2043
Heather Kerley

Heather Kerley

State Team Leader, Senior Associate, Childhood abuse

  • Sunshine Coast, QLD
    Darwin, NT
  • (07) 5430 8713
Hugo Seymour

Hugo Seymour

Associate, Childhood abuse

  • Perth, WA
  • (08) 6220 4306

Office locations

We’re here to help. Get in touch with your local office.

Select your state below

We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.

We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.