Client E contacted Farleys in March 2021 with a view to bringing a claim for damages from the Criminal Injuries Compensation Authority (CICA).
Client E had suffered terrible sexual abuse as a child initially at the hands of her own father and later by her foster brother. The abuse by her father had included rape whilst she was still under 5 years of age.
The abuse has had a profound effect upon Client E’s life. She suffered regular nightmares and flashbacks and had been diagnosed with Post Traumatic Stress Disorder, Agoraphobia and severe depression.
Client E had found life difficult and had only felt strong enough to report the abuse to the Police in 2017. By that stage her father had died but a prosecution of her foster brother was still possible.
During the course of the prosecution of her foster brother she did refer to the abuse by her father but as he had died the Police were unable to take matters further.
How Farleys Were Able to Help
The matter was dealt with by Jonathan Bridge within the specialist Abuse Claims Department at Farleys and a claim was submitted in March of 2021.
In May of 2023 the CICA refused the claim alleging that there had been a failure to report the abuse to the Police under paragraph 22 of the Scheme.
Farleys asked the CICA to review their decision but in September of 2023 the CICA again refused to compensate on the basis that there had been no Police investigation into the abuse and no evidence that the matter had been reported.
Farleys appealed the decision and gathered significant evidence in support to include Social Services records and medical records. Crucially the Investigating Officer in relation to the abuse by foster brother was traced and contacted and she provided a helpful statement confirming that the abuse by father had been discussed and that she found Client E to be a credible witness.
A combination of all of the evidence obtained resulted in a successful appeal and in February of 2025 the Upper Tier Tribunal allowed the appeal against the CICA’s refusal to compensate Client E.
Calculation of damages was no less straightforward. In March of 2025 an offer of £22,300 was put forward. On the advice of Farleys, Client E rejected this offer and medical evidence was commissioned in support of the claim. It was contended that the abuse had caused a serious psychiatric injury which had prevented the applicant from working. Expert medical evidence set out the injuries that the applicant had sustained and the impact that this has had in the past and would have in the future on her ability to work.
Further correspondence and evidence was produced to the CICA including HMRC records and DWP records in support of the loss of earnings position. The CICA reviewed their decision and made an offer of settlement in the sum of £283,970. This offer was accepted to conclude the claim.
This case is an excellent example of why it is important to seek specialist help in cases of this nature. It was a complex claim in relation to both eligibility and quantum and it was only after two separate review applications and an appeal that an appropriate compensatory offer was put forward.
Client E commented,
I wish to thank you from the bottom of my heart for all your dedication and professionalism with dealing with my case for the last 4 years. I am so grateful to you and your team for working so quietly in the background and getting me justice and a massive compensation personal injury award.
Contact a Specialist in CICA Abuse Claims
At Farleys Solicitors, we have a team of specialist lawyers with extensive experience of managing abuse claims with the criminal injuries compensation authority, including challenging decisions by the CICA. To discuss your case in confidence, please call our dedicated abuse claims line on 0330 134 6430. Alternatively, you can contact us by email or through the online chat below.
