Farleys Successfully Appeal CICA Refusal of Compensation for Manchester Bomb Witnesses

Background

Client F and his daughter were in the crowd at the Ariana Grande concert at the Manchester Arena on the 22 May 2017.

Whilst they were not directly injured by the bomb blast they witnessed the aftermath of the atrocity seeing injured people as they made their way out of the Arena.

Both Client F and his daughter went on to develop psychiatric symptoms as a result of their experience. This impacted all areas of their lives including education and employment and they both had significant ongoing symptoms that had necessitated medical treatment.

Despite this the CICA refused their applications for compensation under the scheme. A two-fold argument was put forward. Firstly, the CICA argued that they had not actually suffered any injury as a result of the bombing and secondly that the applications were brought out of time.

How Farleys Were Able to Help

Medical evidence was obtained from a consultant psychiatrist which supported the extent of the psychiatric injury confirming in both cases that the applicants had suffered post-traumatic stress disorder following the bombing.

The medical evidence was submitted with an appeal to the tribunal and, in the week before the tribunal hearing was due to take place, the CICA finally accepted that the applicants had suffered a disabling psychiatric injury and, in the daughter’s case, agreed that an award would be made.

The CICA chose to continue to dispute the father’s case, however, on the basis that the claim was brought outside the statutory two-year time period.

The CICA have a discretion to allow these claims out of time where there are exceptional circumstances. In this case the applicant contended that his post-traumatic stress disorder was an exceptional circumstance and made it extremely difficult for him to talk about what he had been through and to bring the claim any sooner. His position was supported by the medical expert.

The CICA nevertheless continued to maintain their position refusing compensation because the claim was out of time.

The claim went before a tribunal who considered all of the evidence. Client F was forced to talk about his experiences, which he still finds extremely difficult. The tribunal were sympathetic to his position and allowed his appeal.

Both Client F and his daughter will now receive compensation and the matter has been referred back to the CICA to determine the extent of such compensation.

This is a case which again demonstrates how difficult CICA claims are and the reluctance on the part of the CICA to compensate victims even where there is medical evidence showing the extent of injuries sustained.

If you are considering making a claim to the CICA or have had an application refused and would like to seek further legal advice, please contact our experts at Farleys on 0330 134 6430, get in touch through our online contact form, or chat to us through the button below.