Client D approached Farleys in relation to a claim for damages from the Criminal Injuries Compensation Authority (CICA) in July of 2020.

This was a complex case handled by the Head of the Abuse Department, Jonathan Bridge.

The initial difficulty was in relation to limitation. Client D had been abused as a child by his father.  Client D was over 40 years of age when he first instructed Farleys and the initial hurdle to be overcome was therefore in relation to time limits and establishing a claim so many years after the abuse had taken place.

Evidence was produced to the CICA to confirm that the abuse had happened and that Client D had cooperated with the police in an investigation in relation to his father’s actions.

By January 2023 the CICA had eventually accepted that Client D had an entitlement to damages and put forward a nominal offer reflecting a tariff award, which did not include an award for the serious psychiatric issues that Client D had suffered. That award was £3,300.

On the advice of Farleys, Client D asked the CICA to review their decision. Evidence was produced in support of the Review Application, in particular Client D’s medical records, DWP records, and HMRC records. Farleys were able to establish that Client D had initially been able to work but had found work extremely difficult and had eventually had to give up work because of ongoing psychiatric issues. There is therefore a significant past loss of earnings claim.

Medical evidence was obtained which confirmed the extent of Client D’s psychiatric issues and also the impact that this would have on his future ability to work. Client D’s psychiatric condition was so severe that he was never likely to work in the future.

Farleys produced a detailed Schedule of Loss setting out the past and future loss of earnings claim and this was accepted by the CICA. The CICA were also persuaded to pay the maximum award under the tariff scheme for a psychiatric injury – £27,000. It is rare that the CICA accept that a psychiatric injury is permanent and severe, with the vast majority of abuse victims in our experience obtaining the moderate award of £22,000.

Client D was delighted with the outcome.

This is the second CICA claim that Farleys have dealt with within a month where an award of over £200,000 has been made to an historic abuse victim.

Partner, Jonathan Bridge commented;

The CICA scheme is complex. It is also difficult to ensure that appropriate damages are paid and clients often find the delays in the process to be damaging. Their mental health suffers whilst the claims are ongoing and, as in this case, it can take a number of years for claims to be successfully resolved. It is, however, pleasing to see a substantial damages award made to a client like Client D, who suffered appalling abuse during childhood which has had a lifelong impact.

If you would like to discuss the possibility of pursuing an abuse claim, our specialists are on hand to assist. We know if can be difficult to talk about your experiences so whenever you’re ready, we can be contacted either through our dedicated abuse line on 0330 134 6430, by email, or through the online chat below, for a confidential chat about your claim.