Senior Solicitor, Abuse
In a career spanning more than 25 years Malcolm has had extensive experience in running abuse claims, representing child and adult survivors of abuse and neglect and helped establish the Association of Child Abuse Lawyers (ACAL) some 20 years ago.
He has a track record of recovering substantial settlements in cases ranging from claims against local authorities for failure to take children into care to claims involving abuse in foster care and children’s homes.
Malcolm has led Hudgell Solicitors’ representation of former residents of various children’s homes who suffered physical, sexual and emotional abuse between 1948 and 1990 in various children’s homes rub by the London Borough of Lambeth Council, under the Lambeth Redress Scheme.
He also acts for for 40 former pupils of a private school in London, who suffered physical and emotional abuse between 1975 and 1991.
He also leads the firm’s work on supporting victims of the Windrush Scandal, for which the Government has announced a scheme to provide payments to eligible individuals who did not have the right documentation to prove their immigration status in the UK and suffered adverse effects on their life as a result.
Malcolm also has experience of handling human rights claims against public authorities, Criminal Injuries Compensation Authority (CICA) claims and as led cases involving breach of privacy, together with genetic and neurological damage arising from sexual abuse. He has also represented several Core Participants in the Grenfell Tower Inquiry.
In my work I find myself handling cases where vulnerable people’s lives have been destroyed by abuse and neglect, and they have been let down by the failure of organisations to protect them from their attackers.
I have recovered substantial settlements for my clients in cases ranging from claims against local authorities for failure to take children into care, to claims involving abuse in foster care and children’s homes, and although each case is distressing and difficult, I am passionate about firstly securing these people the damages and any support they need, but also holding bodies to account, many of which sadly turned a blind eye to the abuse which was happening.
We represent many people who spend many years trying to deal with what happened to them many years ago as children alone. We are part of a very important support network there for them in later life.
As one of the first solicitors to develop an expertise in recovering compensation on behalf of victims of abuse against their individual abusers, by the use of freezing injunctions and charging orders, I obtained a substantial compensation settlement for a client against her abuser within six months of taking on the case.
The ability to run both civil and Criminal Injuries Compensation Authority (CICA) claims has also enabled some of my clients to obtain substantial compensation as well as aiding both their support and their route to recovery. Throughout my career I have developed an extensive experience of appeals to the First Tier Tribunal and the Upper Tier Tribunal to the CICA, particularly in the difficult areas of time limits and quantum of awards.
I also represented two clients as a solicitor advocate in a two week trial in the High Court. This case involved a claim made against two foster parents and a local authority, where one of the issues was the liability of the local authority towards foster children in their care.
I acted as a solicitor advocate and represented a severely disabled young man who inherited his disabilities from a “double dose” of a defective gene arising out of a consanguineous and abusive relationship between his mother and her father. I brought an application to the CICA. They refused the claim on the grounds that his condition was not a “personal injury”, and their decision was upheld by the First Tier Tribunal. I subsequently applied for judicial review, which was granted by the Upper Tier Tribunal.
Career, qualifications and memberships
- Founder member of the Association of Child Abuse Lawyers (ACAL) an organisation set up to help survivors of abuse
- Co-ordinator of APIL’s Child Injury Special Interest Group
- Fellow of the Association of Personal Injury Lawyers
- Member of the Law Society’s Personal Injury Panel
- LLB Honours Degree in Law