Seeking Justice for School or Childcare Abuse: Your Legal Options
School and Childcare Abuse
Children deserve to feel safe at school, kinder and childcare. These are places where they should be nurtured and protected, not harmed or ignored. When that trust is broken, the damage can last a lifetime.
In Australia, individuals who have experienced such harm, whether in private institutions, state-run schools, or particularly vulnerable settings such as special-needs schools or childcare centres, may have legal avenues available to seek justice and compensation. Carbone Lawyers can help you understand your legal rights and guide you through the process of seeking justice and compensation, confidentially and with care.
Understanding School and Childcare Abuse
Abuse in educational settings can take many forms. It may be physical, sexual, emotional or psychological. It can involve neglect, bullying, or a failure by staff or management to act when they should have. Sometimes it happens through inappropriate disciplinary or restrictive practices, especially in special-needs environments.
Australian and Victorian laws recognise that schools, childcare centres and early learning facilities must take all reasonable steps to protect children in their care. When they fail in that duty, and a child is harmed, the institution may be legally responsible and held liable for:
- the wrongful acts of their employees or agents
- the wrongful acts of other students or children
Carbone Lawyers have represented many clients whose lives have been impacted by institutional negligence in schools and childcare. Each matter is handled with privacy, compassion and determination to secure the best possible outcome.
The Royal Commission into Institutional Responses to Child Sexual Abuse brought to light the systemic failures within many institutions, including schools, and has driven significant reforms. As a result, critical changes have been made to limitation periods, meaning survivors are generally no longer bound by strict time limits when bringing claims for child abuse. This allows individuals to come forward when they are ready, regardless of how long ago the abuse occurred, reflecting an understanding of the complex trauma involved. That said, at Carbone Lawyers, we often recommend that parents with a child who has been impacted by such events contact a member of our team without undue delay to ensure that all available evidence is preserved and not destroyed over time. This is particularly important where family members including parents or grandparents wish to claim for themselves for psychological / nervous shock injuries arising from the conduct perpetrated on their loved one – in such circumstances, a limitation period of three years from the “date of discoverability” (usually, the date that the wrong occurred) is likely to apply to those secondary claimants.
Duty of Care in Schools and Childcare Centres
Every school and childcare provider in Victoria owes a legal duty of care to the children who attend. This duty extends to protecting students from harm caused by teachers, carers, volunteers and, in some circumstances, other children.
When an organisation breaches this duty through negligence or inaction, it can be held liable for the injury and trauma suffered. In practice, that means the claim is usually paid out by the institution’s insurer, not by an individual.
Education campuses are specifically recognised as premises where such duty applies, and insurance exists to cover these situations.
If you’re unsure whether what happened qualifies as a breach of duty, speak with us. We can assess the circumstances and explain your options.
Who Can Make a Claim
You may be able to bring a claim if:
- You were abused as a child in a school, kinder or childcare setting
- Your child or grandchild suffered harm while in the care of a school or early learning centre
- You are a close family member who has experienced nervous shock as a result of learning about the abuse of your loved one
Carbone Lawyers has extensive experience pursuing nervous shock claims on behalf of parents and family members, ensuring that the full emotional impact of the event is recognised.
In most cases, the claim is brought against the institution’s insurer. Our lawyers handle all communication with the other side so that you can focus on recovery.
What Compensation Can Cover
Compensation can help you rebuild and move forward after the harm you or your child have experienced. Depending on the circumstances, you may be entitled to claim for:
- Medical and psychological treatment, past and future
- Pain, suffering and loss of enjoyment of life
- Lost wages and reduced earning capacity
- The value of care and support provided by friends or family
- Home or car modifications required because of the injury
Each case is assessed individually, ensuring that every loss, emotional, financial and practical, is properly considered.
How the Legal Process Works
It takes courage to speak about abuse. Our role is to make the process as supportive and straightforward as possible. Here’s what to expect:
- Confidential consultation – You can share what happened in your own words. Everything you tell us is private.
- Investigation and evidence gathering – We collect school records, witness statements and medical information to build your case.
- Issuing legal proceedings – We prepare and issue legal proceedings, proceed through the interlocutory processes of the court (such as discovery and interrogation), and manage the entire legal process on your behalf.
- Negotiation or mediation – Most matters are resolved out of court, meaning you avoid the stress of a public trial.
- Resolution and settlement – We work to achieve a fair outcome that recognises your experience and supports your recovery.
You remain in control of how much you wish to participate. If a court hearing becomes necessary, we prepare you carefully and stand beside you throughout.
Common Questions
Do I have to go to court?
Most school and childcare abuse cases settle through negotiation or mediation. Only a small number proceed to court.
Who am I claiming against?
Public liability or abuse claims are usually made against the organisation which is insured, not against an individual teacher or staff member.
Is there a time limit?
Victoria has lifted limitation periods for minor victims (i.e. under the age of 18 years) of child abuse claims, meaning you can come forward when ready. However, parents, grandparents, siblings or other close family members may attract a three-year limitation period if they wish to sue for psychological / nervous shock injuries as a secondary victim. If you’re unsure, speak with one of our lawyers for tailored advice.
Will my case stay private?
Yes. All consultations are confidential, and many matters resolve privately. If court proceedings are required, there may be legal avenues to protect your identity in limited circumstances. For further guidance, please feel free to contact us.
Why Choose Carbone Lawyers
Carbone Lawyers is a trusted Victorian firm with experience across personal injury, abuse, and public liability law. Our lawyers handle sensitive school and childcare abuse matters with care and precision.
We understand the tactics insurers use to reduce compensation, and we know how to respond effectively. Our approach is straightforward: protect your interests, act decisively, and achieve results with as little disruption to your life as possible.
Every matter is managed with confidentiality and respect. You will always know who is handling your case and what to expect next.
Taking the First Step
If you believe a school, childcare provider or other institution failed to protect your child, or if you experienced abuse yourself, we are ready to listen.
Start by contacting us for a confidential discussion. Bring any documents or notes you have, reports, correspondence, photos, or medical records. We’ll assess what’s relevant and help you secure evidence that could otherwise be lost over time.
Before you respond to an insurer or sign any documents, get independent legal advice about the value of your claim. Don’t settle for less. Contact Carbone Lawyers today.
