Recent reports of alleged rape, sexual assault and harassment at the Army Foundation College in Harrogate have once again raised serious concerns in the media recently about the safety of young recruits and the responsibility of military institutions to protect those in their care.

The BBC has reported that an independent investigation is to examine 10 military training establishments following allegations made by former recruits at the Army Foundation College.

The BBC reports that various military training sites across the UK are to be investigated following allegations of rape and abuse at the Army Foundation College in Harrogate. The investigation brings renewed attention to the experiences of those who have suffered abuse within military settings and will examine the military training establishments, amid concerns about the treatment and safety of recruits. The report highlights allegations made by former recruits and raises wider questions about the protection of young people undertaking military training, and whether sufficient safeguards were in place to prevent abuse and respond appropriately when concerns arose.

For survivors, these reports may raise an important question: if I was sexually abused while serving in the British Army, can I bring a civil compensation claim against the Ministry of Defence?

The answer will depend on the individual circumstances, but a civil claim may be possible where abuse was committed by someone whose relationship with the Ministry of Defence, and the circumstances of the abuse, satisfy the legal test for vicarious liability.

At Switalskis, our specialist abuse solicitors represent survivors of sexual abuse and understand the difficulties many people face when considering whether to come forward, particularly where the abuse happened many years ago or within an institution in which they were expected to place their trust.

What is vicarious liability in military abuse claims?

Vicarious liability is a legal principle under which an organisation can, in certain circumstances, be held legally responsible for the wrongful actions of another person.

In cases involving sexual abuse within the armed forces, this may mean that the Ministry of Defence could be held liable for abuse committed by a soldier, general, lieutenant, colonel, sergeant, instructor, commanding officer, or another individual serving in a position of authority, depending on the relationship between that person and the organisation and the circumstances in which the abuse occurred.

Sexual abuse will, of course, never form part of someone's authorised duties. The court must instead consider the nature of the relationship and whether there is a sufficiently close connection between the role entrusted to the perpetrator and the wrongdoing.

Two key questions generally arise:

• Was the relationship between the alleged perpetrator and the organisation one of employment, or sufficiently akin to employment?
• Was the connection between that relationship and the abuse sufficiently close to make it fair and just to hold the organisation legally responsible?

Both questions require careful consideration of the evidence. The answer will depend on the facts of the particular case.

Why the circumstances of the abuse matter

Military training environments can involve clear hierarchies, discipline, supervision and significant differences in authority between recruits and those responsible for training them.

Where abuse is alleged to have occurred in these circumstances, it may be important to examine how the perpetrator's position enabled them to develop relationships with recruits, exercise authority, gain access to them or exploit their trust.

Relevant evidence may include:

• The perpetrator's role and responsibilities within the Army.
• The nature of the relationship between the perpetrator and the survivor.
• The circumstances in which the abuse occurred.
• Whether the perpetrator used their position, authority or access to facilitate the abuse.
• Whether concerns or complaints had previously been raised.
• How the organisation responded to any warning signs or reports of misconduct.

The precise location of an incident, or whether the perpetrator was formally on duty at the time, will not necessarily determine the outcome but will be considered. The court must consider all of the relevant circumstances as a whole and so it is important to seek specialist advice on what has happened in your case.

It is also important to distinguish between a claim based on vicarious liability and a claim alleging that an organisation itself acted negligently. Depending on the evidence, questions about safeguarding, supervision, reporting policies/procedures and the response to previous complaints may be relevant to the legal issues in a claim.

We have previously explored the circumstances in which the Ministry of Defence may be held legally responsible for sexual abuse within the armed forces in our article: 'When can the Military be held responsible for Abuse? '. This explains the principle of vicarious liability and how it may apply where abuse is committed by someone serving in a position of authority or trust within a military setting. In light of the recent reports concerning military training establishments, these issues remain particularly important for survivors considering whether they may have grounds to pursue a civil compensation claim. Every case will depend on its individual facts, but the fact that abuse occurred within the armed forces does not, in itself, mean that a survivor has no legal recourse.

The need for independent scrutiny and institutional accountability is unfortunately not new. The Independent Inquiry into Child Sexual Abuse (IICSA), chaired by Professor Alexis Jay OBE, continues to examine how institutions in England and Wales, including the army, respond to sexual abuse and make recommendations aimed at improving protection for those at risk. Although IICSA is not a specific inquiry into abuse just within the armed forces, its wider findings highlighted the importance of listening to survivors, addressing institutional failings and ensuring that allegations of abuse are taken seriously. These issues remain highly relevant when considering the allegations emerging from military training establishments and the importance of ensuring that those who have experienced abuse have access to appropriate support and avenues for redress.

Do I need to have reported the abuse at the time?

No. A person does not necessarily need to have reported sexual abuse to the police or their commanding officers at the time in order to explore a civil compensation claim.

There can be many reasons why survivors do not disclose what happened immediately. These may include fear of the consequences for their military career, concerns about how they will be treated by colleagues, shame, trauma or a lack of confidence that their complaint will be taken seriously.

For some survivors, it may take many years before they feel able to speak about their experiences.

Similarly, the absence of a criminal conviction does not automatically prevent a civil claim. Criminal proceedings and civil compensation claims serve different purposes and apply different standards of proof.

A specialist solicitor can assess the available evidence and advise on the options that may be open to you.

Can I bring a claim if the abuse happened many years ago?

The passage of time does not necessarily mean that a civil claim is impossible.

However, limitation rules and the availability of a fair trial can be important considerations in abuse litigation as they can present as real hurdles. The relevant legal provisions depend on the nature of the claim, the circumstances of the abuse and the law applicable to the case, and so this is why it is best to seek advice at your earliest opportunity.

Historic claims can present evidential challenges, but these should be assessed individually rather than assuming that nothing can be done.

If you experienced sexual abuse during Army training or elsewhere within the armed forces, it may be worth obtaining specialist legal advice to understand your position.

Seeking compensation for military sexual abuse

The recent reports concerning military training establishments are a reminder of the importance of listening to survivors and examining whether appropriate safeguards were in place.

For anyone who experienced sexual abuse within the armed forces, pursuing a civil claim may provide an opportunity to seek compensation for the harm suffered and to have the circumstances of the abuse properly examined.

Every case is different. Whether the Ministry of Defence may be held responsible will depend on the evidence and the applicable legal principles.

At Switalskis, our specialist abuse solicitors have experience advising survivors of institutional and military abuse. We understand that discussing these experiences can be difficult, particularly where the abuse occurred within an organisation in which you were expected to place your trust.

If you experienced sexual abuse during Army training or while serving in the armed forces, you do not have to decide what to do next on your own.

Our team can listen to your circumstances, explain the potential options available and advise whether you may have grounds for a civil compensation claim.

You do not need to be certain that you have a claim before seeking advice. We understand the importance of treating every enquiry with sensitivity, respect and care.

Contact Hannah Hodgson at Hannah.hodgson@switalskis.com and Danielle Vincent at Danielle.vincent@switalskis.com for a free, non-obligatory and confidential chat.