Farleys’ specialist abuse department was approached in February of 2016 to act for client BG.
BG began to suffer sexual abuse at the age of 5. She was abused by her uncle and the abuse continued throughout her childhood until she reached the age of 16. The abuse happened regularly at various different locations including the Applicant’s home and local parks. The abuse included various aspects of sexual abuse but not rape.
We immediately faced various problems with the claim. Any application for compensation to the Criminal Injuries Compensation Authority is subject to time limits. In this case the application was 16 years out of date. The Police had not previously been involved although a report had recently been made to the Police about the abuse.
Farleys accepted instructions and submitted a CICA application. In 2017 the CICA made an initial award of £22,000.
On the basis of Farleys’ advice BG rejected this offer and asked the CICA to review their decision.
The CICA reconsidered the available evidence but came to the same conclusion and repeated their offer of £22,000. Again on the basis of Farleys advice BG rejected this offer and an appeal was submitted to HM Courts and Tribunal Service.
Farleys then obtained a significant amount of evidence to further support the Applicant’s case. BG had two main arguments before the Tribunal, firstly that the initial award failed to take into account the true extent of the mental injury that she had sustained and secondly that the award failed to take account of her lost earnings. The CICA denied the severity of the psychiatric injury and refused to make any payment for loss of earnings.
Independent medical evidence was commissioned. Records were obtained from various sources including HMRC, GP and hospital.
Following further investigation a detailed Schedule of Loss was prepared.
The Tribunal ordered the CICA to produce a Counter Schedule setting out their own views. They considered the Schedule that Farleys had prepared and eventually agreed that it was an accurate reflection of the true value of the claim making a final award for what she had endured of £221,000.
In addition her abuser has subsequently been convicted.
If you wish to discuss any issues arising from similar matters please do not hesitate to contact one of our specialist abuse team confidentially on 0330 134 6430 or contact us by email.
