Recent reports concerning alleged sexual abuse and sexual harassment at the Army Foundation College in Harrogate have once again raised serious questions about the safeguarding of young people within the British Army.

The reports concern former recruits who have described allegations of sexual assault, rape, harassment and a wider culture in which inappropriate sexual behaviour was allegedly allowed to take place.

The allegations are deeply concerning and raise an important legal question for those who have experienced sexual abuse during military service, when can the Army or Ministry of Defence be held legally responsible for sexual abuse committed by an individual serving in the Armed Forces?

The answer is potentially wider than many people realise. A person who has been sexually abused by a soldier, instructor or other member of military personnel may have a potential civil claim not only against the individual perpetrator, but also against the organisation responsible for employing, controlling and placing that person in a position of authority. This is known in legal terms as vicarious liability.

What is vicarious liability?

Vicarious liability is a legal principle under which one party can be held responsible for the wrongdoing of another because of the relationship between them and the connection between that relationship and the wrongdoing.

It is particularly significant in institutional sexual abuse claims. The principle has developed substantially over recent decades and essentially involves two questions as part of a two-stage test that must be met in order to succeed in such claims:

1.      First, is the relationship between the organisation and the person who committed the abuse one of employment, or akin to employment?

2.      Secondly, is there a sufficiently close connection between the person's role and the abuse for it to be fair and just to impose liability on the organisation?

The second question is often the trickier part of the test to establish. This is because, a perpetrator will rarely be authorised by an employer to commit sexual abuse. In many cases, the conduct will be expressly forbidden, but that is not necessarily the end of the matter.

The court instead looks at the nature of the person's role and asks whether there is a sufficiently close connection between the position entrusted to them and the wrongful conduct.

Vicarious liability of course does not only apply to claims in the military. Other types of organisations can be claimed against in the same way where a person has been subjected to abuse, whereby it can be established in the same way as outlined above that they are legally responsible for their actions.

History of failings

Sadly, the current reports do not exist in isolation.

The case of Gunner Jaysley Beck provides a particularly stark example of the concerns surrounding the Army's handling of sexual abuse and harassment allegations. Jaysley joined the Army aged 16 and, following her training at the Army Foundation College in Harrogate, went on to serve with the Royal Artillery. In 2021, while aged 19, she reported that she had been sexually assaulted by her Battery Sergeant Major. His Majesty’s Coroner found at the inquest held in February 2025 serious failings in the Army's handling of her complaint, including that her report had not been dealt with appropriately. Jaysley subsequently experienced sustained sexual harassment from her line manager and tragically, as a result of the abuse, took her own life in December 2021.

The Army has acknowledged the failings identified in the case and apologised to her family. Following the inquest, the matter was referred to the Defence Serious Crime Unit (DSCU), with the former Battery Sergeant Major subsequently charged with and convicted of sexual assault. The case was one of the catalysts for the establishment of the Defence Serious Crime Command (DSCC), which was created in 2022 with the aim of providing greater operational independence in the investigation of serious crimes that occur within the organisations.

This case demonstrates why it is important to examine not only the conduct of the alleged perpetrator but also the circumstances in which that person was placed in a position of authority, the organisation’s systems for dealing with allegations of abuse and what was known by those in authority at the time. The issues and failings will all be relevant when establishing a claim for vicarious liability and so is important that they are considered.

For a civil claim particularly, one of the important questions may be what the organisation knew about the risks of the perpetrator  and whether it responded appropriately?

A claimant's case may therefore involve much more than evidence about the individual incident and often further considerations may include:

• previous complaints about the alleged perpetrator;
• disciplinary records;
• reporting and safeguarding policies and procedures;
• whether concerns were raised with senior personnel members;
• what action was taken following complaints;
• accommodation and access arrangements;
• internal investigations;

These questions can become particularly important where an allegation is that the organisation had warning signs but failed to act.

Close connection test

Sexual abuse will a lot of the time occur outside an employer's usual work activities. An Army instructor is employed to train recruits, not sexually assault them, but vicarious liability does not simply ask whether the employer authorised the precise act. Instead the court considers the ‘close connection test’, essentially considering the proximity between the position in which the perpetrator was placed and the wrongdoing. This is why when making a civil claim the facts surrounding the alleged abuse can be so important.

Criminal proceedings v civil proceedings

Another important point is that a civil claim does not depend upon a perpetrator having been convicted of a criminal offence. The criminal and civil justice systems have different purposes and importantly different standards of proof.

A person may therefore wish to obtain legal advice about a potential civil claim even where:

• the abuse was never reported to the police;
• a police investigation did not result in a charge;
• a prosecution did not proceed;
• the perpetrator was acquitted; or
• the perpetrator can no longer be located.

Although the successful prosecution of an abuser is helpful towards a civil claim, the absence of a criminal conviction does not automatically mean a civil claim is not possible and we advise still seeking legal advice even in these circumstances.  

What should I do if I have experienced abuse within the military?

If you experienced sexual abuse while serving in the Military, you may have questions about whether you can bring a civil claim and whether the Ministry of Defence could be responsible.

You do not need to have reported the abuse at the time in order to seek legal advice, and it is recognised that the recent reporting about the Army Foundation College may prompt former recruits to reconsider experiences they had previously felt unable to discuss.

For some people, it may be the first time they have seen others publicly describe experiences that resemble their own and for reasons widely recognised and as seen with many of clients, it can understandably take survivors time to feel they are able to report the abuse.

If you would like confidential advice about a potential claim against the Ministry of Defence, our specialist abuse solicitors can discuss your circumstances and explain the options available to you.

Confidential advice for survivors

Every survivor's circumstances are unique. Whether abuse occurred recently or many years ago, understanding your legal options is an important first step.

Our specialist civil abuse lawyers advise survivors on compensation claims arising from abuse within a miliary setting. We understand that making contact can be difficult, and all enquiries are handled sensitively, confidentially and without obligation.

If you would like to discuss whether you may have a civil compensation claim, our specialist team is here to help.

Contact Hannah Hodgson at hannah.hodgson@switalskis.com or Danielle Vincent at danielle.vincent@switalskis.com, specialist abuse lawyers, for a confidential discussion about your legal rights.