Jonathan Bridge of Farleys Solicitors was instructed by Client A following childhood abuse. In this particular case the abuse was purely physical at the hands of father and step mother.
Client A had had a terrible childhood and prior to removal from her father’s care had suffered physical abuse at the hands of her father and step mother. She had even been attacked and bitten by her father’s dog.
Client A had not suffered any significant physical injury but the psychiatric impact of the abuse was ongoing. She had received treatment from a Child and Adolescent Psychiatrist and in adulthood had continuing psychiatric issues including sleep disturbance and anxiety.
How Farleys Were Able to Help
This was a difficult case for many reasons. The claim was brought a number of years out of time and the Criminal Injuries Compensation Authority (CICA) had to be persuaded to allow the claim to proceed despite this.
The CICA were not prepared to accept that there had been a psychiatric injury. The initial award to Client A was £2,000.
On review the CICA maintained their position and again offered £2,000.
Medical evidence was therefore sought from an Adult Psychiatrist. A report was submitted to the Appeals Panel. There was a hearing at which Client A gave evidence. The hearing was conducted by Jonathan Bridge who sought to persuade the Tribunal that Client A had a permanent psychiatric injury that was moderately disabling.
It is always important to remember in these appeals that it is not sufficient to simply show the existence of the psychiatric injury that is permanent. For the Appeal Tribunal to make an award they also have to be satisfied that the injury is disabling. This was the difficult in Client A’s case. She was working. She was married. She was able to function at a good level. The Appeals Panel were however prepared to accept that the psychiatric injury was having a disabling effect and that this would be permanent and the initial offer of £2,000 was overturned and an award of £19,600 made on appeal.
This is a further case that shows the importance of obtaining advice from a specialist solicitor in relation to CICA applications and of not always accepting the initial offer put forward.
If you would like to speak to a specialist in confidence about the possibility of making a CICA claim following abuse, please call our dedicated abuse line on 0330 134 6430 or you can contact us by email or through the online chat below if you prefer.