Rehabilitation Code 2015
The Rehabilitation Code (“Rehab Code”) aims to promote the use of rehabilitation and early intervention to ensure a claimant makes the best and quickest recovery. It encourages the lawyers and insurers for defendants to work collaboratively with claimant solicitors to achieve this aim.
The full Rehab Code can be found here:
Under the Code, claims for historic child sexual abuse come under the personal injury umbrella. The current Rehab Code is focused on supporting claimants who have suffered mainly from physical injuries, while in historic abuse cases there are different considerations at play. Often the abuse occurred decades earlier and so any intervention via the Rehab Code cannot be as early as it should be in order to maximise recovery. Defendants (and compensators) are supposed to act in the spirit of the Code and offer early assistance when they receive a claim, but unfortunately, many defendants in child abuse cases do not seem familiar with it. We consider it part of our job to push for the use of the Code and secure, where possible, treatment and support for our clients as soon as possible, not just after their case has been won.
Any treatment funded under the Rehab Code is separate from the legal claim and is not included in any settlement amount. Whether the defendant is ultimately found liable is also irrelevant. If treatment and support is provided under the Rehab Code and the case later fails, the claimant does not have to pay the money back.