Throughout the United Kingdom significant numbers of adults who were sexually abused in childhood are pursuing negligence claims against local authorities. They are arriving at the offices of personal injury [PI] solicitors and giving accounts of often horrific childhood abuse. PI lawyers are being asked to imagine the unimaginable and believe the unbelievable. To date PI lawyers have not been equipped with the crucial knowledge, skills and resources to deal with this type of case or client. All PI lawyers working with clients who have been abused say these cases are different from any other they have handled. One south London - based lawyer says: "nothing in my legal education prepared me for anything like this".

A wealth of courses, seminars and conferences exist for medical negligence matters, road traffic accidents and brain injury cases etc., but until now there has been no education and training for PI lawyers working with clients complaining of sexual abuse. This is despite increasing media coverage over the past five years about the high incidence of historic child sexual abuse cases.

Special client care is needed when working with people who have been, and usually still are severely traumatised by child sexual abuse. Clients who have been sexually abused as children carry with them emotional, behavioural and psychological problems. Unfortunately, the dynamics of child sexual abuse are replicated during the legal process, which exacerbates the devastating damage caused by the original abuse. When triggered, clients can be compelled to indulge in self-harming behaviours, placing their solicitors under more professional pressure. Solicitors who are unaware of these non-specific cues are baffled by their client’s conduct wondering why they cannot get instructions, or why clients do not turn up to meetings, or can even learn that their clients have been arrested for criminal behaviours following a meeting.

Stockport firm Abney Garsden McDonald is dealing with over 200 cases of its own and co-ordinating a large multi party historic child abuse action involving another 200 cases in the North West of England. The firm now has a dedicated team of PI lawyers and support staff undergoing occupational health and training programmes to enable them to deal with cases more effectively

Uninformed lawyers who work with sexually abused clients are running very real risks of re-traumatising their clients and exposing themselves to the symptoms of secondary trauma. Several PI solicitors have already sought counselling and therapy, as a result of working on these type of cases There have also been reports of client suicides.

Many solicitors are being exposed to knowledge of harrowing events. Most are unaware of the often unintended and deleterious effects that working on these cases can have. Peter Garsden, a partner with Abney Garsden McDonald who is one of the co-ordinators of the North West cases says: " Don’t make the mistake of thinking that claims involving child sexual abuse are the same as any other PI claim because they are not. They take three times as long. I did not realise at first how they were affecting me." Physical symptoms may include tiredness, sleep difficulties, exhaustion, headaches, gastro-intestinal disturbances, colds and flu. Emotional reactions can occur such as irritability, anxiety, guilt and depression.

Behavioural symptoms may express themselves in cynicism, callousness, pessimism substance abuse, a sense of isolation from colleagues, the inability to concentrate, dehumanising and intellectualising clients. Alternatively, some may have intrusive thoughts about especially difficult clients or have flashbacks connected to clients.

Often there is a breakdown of role boundaries. Some lawyers adopt the role of good parent that the client never had or become crusaders or counsellors. Others may struggle to cope with recollections of abuse that they themselves have suffered.

These cases also present enormous legal challenges, such as limitation problems. Clients frequently present themselves decades after the abuse has taken place. There may have to be an investigation into care procedures operating at the time of abuse. It can be difficult to find suitably experienced experts in the field. Added to which are the legal hurdles encountered by those who try to sue social services.

As social and professional denial of the extent of child sexual abuse continues to be eroded, solicitors will be presented with more cases. It is essential that the paucity of education and resources be addressed quickly. There are several solutions. First, to increase publicity and raise awareness of the need for services in this area of practice. Second, is to provide peer support, facilitate networking for solicitors and experts. Thirdly, to offer courses which cover an overview of the nature of child sexual abuse, the impact of abuse on the client and practitioner, limitation, disclosure and statement taking, liability and quantum. Finally, to keep databases of claims and professionals working in this area. All these resources will enhance professional confidence and provide tools for more effective case management.

In response to concerns that victims of abuse were unable to find lawyers to take on their cases or who were experiencing poor standards of advice, The Association of Child Abuse Lawyers [ACAL] was set up. ACAL aims to improve standards and provide resources to solicitors working in this rapidly expanding new area of practice.

It takes an immense amount of courage for someone who has been abused to commence legal proceedings. Informed lawyers who understand about this type of abuse, how to deal with claims sensitively without re-traumatising clients and who know how to stay healthy while doing so will be providing a crucial service. There can be a therapeutic value to justice. Properly trained lawyers will facilitate it.