Client L, who had suffered serious sexual abuse as a child, brought a CICA claim whilst under the care of the Local Authority back in 2007. She received damages for the abuse she had suffered.
As time went on, and as Client L reached adulthood, it became apparent that the abuse she had suffered had resulted in a psychiatric injury. She experienced flashbacks, nightmares, and panic attacks. She described experiencing feelings of anger, embarrassment, and fear because of the abuse she had suffered. The CICA award originally made in childhood took no account of this psychiatric injury.
She was diagnosed with Post Traumatic Stress Disorder, traits of Emotionally Unstable Personality Disorder and a Moderate Depressive Illness. This meant that she was unable to obtain employment.
How Farleys Were Able to Help
Client L contacted the team at Farleys in February 2021, and we successfully applied to reopen the original CICA claim. We submitted that there had been a ‘material and significant medical change’ as Client L’s psychiatric symptoms had developed over time and would not have been apparent when the initial claim was brought. We obtained updated medical evidence which corroborated this.
Following this, the team looked into establishing what level of earnings Client L had lost as a result of not being able to work due to her psychiatric injury. The CICA accepted a past and future loss of earnings claim.
This resulted in Farleys securing an award for Client L of over £200,000.
It is not unusual for a victim of childhood sexual abuse to be compensated at the time of the abuse for the assault alone. At that point, the extent of any psychiatric injury would not be apparent.
Difficulties and abilities to live life as a result of psychiatric injury can become more evident and apparent in adulthood. Therefore, it is not always possible for psychiatric injury to be assessed when a claim is brought on behalf of a child. This means that a victim will be undercompensated as the tariff award will not take account of the psychiatric injury nor will there be any provision for loss of earnings.
The present CICA scheme makes specific provision for reopening an application at paragraph 114 to 116. The key elements are to show that there has been a significant change in the applicant’s position that could not have been foreseen when the original award was made and that the matter can be reinvestigated without undue complexity.
Contact a CICA Abuse Claim Specialist
At Farleys we have a team that specialises in CICA claims and has extensive experience of assisting clients with reopening claims and challenging CICA decisions. If you feel that you would like advice, please do not hesitate to contact us on our dedicated abuse line 0330 134 6430 or you can get in touch by email if you prefer.
