Farleys were approached by Client Z in July of 2020.
Background
Client Z had suffered terrible abuse as a child. She was sexually assaulted repeatedly between the ages of 1 and 5. Client Z was left with long term psychiatric difficulties and her work and education had been affected by the abuse.
How Farleys Were Able to Help
Jonathan Bridge, head of the abuse team at Farleys was instructed to act on behalf of Client Z in a claim to the Criminal Injuries Compensation Authority (CICA).
Client Z’s claim was initially refused under paragraph 4 and paragraph 88 of the Scheme in November 2021. The CICA decided that Client Z was not a victim of a crime of violence and was out of time to bring the claim.
If the incident giving rise to the criminal injury was reported before the applicant turned 18, then they have until their 20th birthday to submit an application. On this occasion, Client Z was 8 years out of time.
An application for review was sent to the CICA.
It was contended that the crime of violence was reported to the police on two separate occasions. Client Z’s records were applied for and considered to support the review application.
It was also contended that Client Z suffered from significant psychiatric conditions as a result of the abuse and, therefore, there were good reasons as to why she was unable to bring the claim at an earlier stage.
The review application was successful and Client Z was made an offer of £13,800 in December 2022. The award did not take into account a loss of earnings or the permanent disabling injury.
The offer was appealed and a first-tier tribunal hearing was held.
It was argued that Client Z’s limited capacity to work to date had been as a result of psychiatric injuries stemming from the childhood abuse.
Her DWP and HMRC records were obtained and considered and a schedule prepared, outlining the periods of her employment history to date where she had been unable to work because of psychiatric issues. It was important to establish the times she had received benefits related to her mental health difficulties.
We also put forward a claim for future loss of earnings. It was argued that a period of time would have to be allowed, in order that Client Z could undergo intensive treatment. Even after treatment, it was contended that for some of her future working life she would still be unable to work.
On appeal, Client Z was successful in securing an increased award in relation to the tariff, past loss of earnings and future loss of earnings. The original offer of £13,800 was increased to a settlement figure of £85,508 in January 2024 as a result of the appeal.
Client Z commented,
“I first felt overwhelmed by the prospect of bringing a claim forward to CICA for the sexual abuse I suffered as a child, it can be a daunting thought. The whole team at Farleys supported me every step of the way advising me for the best possible outcome and simplifying a humongous task ahead for me, even allowing me to get a proper mental health diagnosis. I’m forever thankful to everyone at Farleys especially Jonathan for assisting me with a successful claim. I want to say thanks for everything they’ve done for not only me but my children’s future.”
Contact a Specialist in CICA Abuse Claims
If you would like to discuss the possibility of making a CICA abuse claim or have received a settlement offer from the CICA which you would like assistance in appealing, our abuse claim specialists are on hand to advise you in confidence. Call our dedicated abuse line on 0330 134 6430, contact us by email, or use the online chat below if you prefer.
