Farleys’ specialist abuse claims department were approached by Client K in March of 2022. Farleys agreed to act on Client K’s behalf in a claim for damages from the Criminal Injuries Compensation Authority.
The claim presented significant difficulties. The biggest initial problem was the time limit. The abuse complained of happened as a child. Client K suffered abuse at the hands of her father in the early 1970s and 1980s. The CICA claim was therefore considerably out of time and the claim was made even more difficult because of a lack of police records.
After 3 years’ worth of investigation the CICA refused the claim under both paragraph 4 and paragraph 88 of the Scheme. They contended that the claim was brought out of time and that there were not exceptional circumstances to justify this. They also contended that there was insufficient evidence under paragraph 4 of the Scheme to establish that the abuse occurred as alleged.
Jonathan Bridge prepared and submitted a review application on behalf of Client K. Evidence was obtained from other sources to confirm the happening of the abuse and police involvement. Client K’s Social Services records were available and contained various entries to corroborate the abuse.
Farleys instructed a medical expert to prepare a report which not only dealt with the extent of the injury Client K had suffered but also addressed her reasons for delay.
The medical expert diagnosed Client K as suffering from Complex Post Traumatic Stress Disorder and Generalised Anxiety Disorder as a result of the childhood abuse that she had suffered. The expert also commented upon her delay in submitting the claim and indicated that there were good reason for this linked to her psychiatric injury.
The expert evidence also went on to confirm that Client K had been unable to work in recent years because of her psychiatric injury although with treatment it was hoped that she would return to some form of employment in the future.
On the basis of the medical evidence the CICA were persuaded that there were exceptional circumstances to justify Client K’s delay in submitting the claim.
Based on the further corroboratory evidence that had been obtained, the CICA accepted an award should be made and that paragraph 4 no longer applied. The claim was allowed.
A Schedule of Loss was then prepared for Client K and the CICA’s eventual award of £72,020.26 largely mirrored the amount claimed within the Schedule.
Commenting on the case Jonathan Bridge said:
It was particularly pleasing to obtain such a substantial award for this client. She had clearly suffered terrible abuse at the hands of her father during childhood. It was particularly satisfying to overcome various hurdles in relation to eligibility as well as quantum to secure appropriate compensation for this client.
Contact an Abuse Claims Specialist
To speak to an expert in confidence, please contact our dedicated abuse claims line on 0330 134 6430 or get in touch by email or through our online chat if you prefer. We understand it can be difficult to reach out and discuss your experience but as soon as you’re ready, we’ll be here to assist.
