Client F instructed Jonathan Bridge of Farleys Solicitors in 2015 following historic sexual abuse. She had already instructed an alternative firm of solicitors who had submitted a Criminal Injuries Compensation Authority (CICA) claim on her behalf, but she was dissatisfied with the service that she was receiving.
Farleys initially advised on the possibility of a claim against the Local Authority who it was alleged had failed her throughout her childhood. A claim was successfully brought against the Local Authority and damages recovered.
Unfortunately, the claim in relation to damages from the CICA was far less straightforward and took nearly a decade to resolve.
The CICA initially refused the claim, contending there was insufficient evidence that abuse had taken place. Client F was sexually abused over a period of time by a family member. The abuse included rape.
Farleys obtained substantial documentation to support an appeal against the CICA’s decision. Social Services records were obtained and reviewed and permission obtained to share certain extracts with the CICA.
The CICA also raised an argument under paragraph 85 of the scheme suggesting that damages awarded in relation to the civil action should be accounted for in relation to the CICA claim.
The matter went to a full appeal in August of 2020. The appeal had to be conducted remotely because of the covid pandemic. Client F was successful at the appeal with the Tribunal accepting her evidence that the abuse had occurred as alleged, supported largely by the records that had been obtained by Farleys on her behalf.
Having succeeded with her appeal on eligibility Client F’s case was then referred back to the CICA to assess the amount of damages she should be awarded.
Following 2 years of deliberation the CICA put forward an offer of £8,800 to settle the claim.
Client F contended that this offer was wholly inappropriate and failed to take account of the impact that the abuse had had on her life from a psychiatric perspective and also the impact that it had had on her ability to work.
Farleys instructed an independent psychiatrist to meet with Client F and prepare a report. Farleys obtained HMRC and DWP records together with the full medical history of Client F and prepared a review application and thereafter a detailed Schedule of Loss. Following further protracted correspondence with the CICA, the psychiatric injury and loss of earnings were eventually accepted and a full award of £258,991.15 was made, consisting of a tariff award and an award for past and future loss of earnings.
This is a case that highlights the complexities of the CICA Scheme and the need to employ a specialist solicitor in dealing with such cases. The claim took 10 years to resolve but eventually Client F received a life changing sum of money as a result of her action to compensate her for the terrible abuse that she suffered during childhood.
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Our abuse claims specialists have years of experience assisting survivors of childhood abuse in seeking compensation for their experiences. To discuss your circumstances in confidence, please contact our dedicated abuse line on 0330 134 6430, by email, or use the online chat below.
