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Posted on 2 February 2024

Historic Abuse Compensation Claim Granted

Posted in Legal news

In a recent case involving a historic sexual abuse compensation claim, we were approached to help with getting a case moving on behalf of a frustrated claimant. The abuse related to a period during her childhood when she was sexually abused by members of her own family.

Initially, our client put in a historic abuse compensation claim direct to the CICA on the 8 December 2020 with no legal representation. The claim was rejected on the grounds of “insufficient evidence." Our client challenged this decision herself and the claim was re-opened.

However, over a year later, she still had not had any resolution to the situation. In February 2023, unhappy with how her claim was progressing, she approached Winston Solicitors for legal assistance.  

Granted the Highest Level of Historic Abuse Compensation

With our client’s permission, we were able to obtain a copy of her file from the CICA. We also requested copies of her medical records so that we were fully informed about her case.  

After liaising directly with our client’s mental health team, we were able to obtain a report from her treating practitioner. We realised that the report that the mental health team provided would not have been enough to meet the CICA’s criteria for the highest award for a disabling mental injury. However, with our extensive knowledge and experience in navigating the CICA’s scheme, we were able to provide additional evidence to build a strong case for her compensation claim.

In July 2023, the CICA made an award of compensation totalling £22,000. This is the highest tariff possible under the scheme for the crimes our client suffered. This was based on the documentation we provided including police evidence of historic abuse in this case.  

Why Legal Representation is Important

This is not the only case where legal representation has made a big difference in the outcome of a historic abuse compensation claim. In a recent discovery by the Association of Personal Injury Lawyers, it was brought to light that the CICA was not initially offering victims of criminal injury the compensation that they’re entitled to. In cases where a solicitor was engaged to represent survivors, the payouts were six times higher on appeal.

Cases such as this highlight how crucial it is to get legal representation in your historic abuse compensation claim.  

In this case, our client was represented by Heidi Stewart, a Litigation Lawyer in the Personal Injury team. Heidi is known for her compassion and professionalism, and she has a wealth of experience in assisting with historical abuse compensation claims.  

“Heidi was very helpful, clear and reassuring. The process was easy. The case progressed at a much faster rate than before she was involved. I felt supported and well represented. If you are thinking about using a solicitor, I would say it is well worth with it. Thank you.”

Are You Eligible for Historic Abuse Compensation?

Sadly, there are a high number of instances of sexual and physical abuse and assault occurring within the family home. This can be abuse by family members or friends. Both children and adults can be vulnerable to abuse in domestic environments. It's one of the places that abuse and assault often remains unreported and undetected for many years. In some circumstances, if social services or other professionals have been involved with the family, there may be a claim against the local authority or agency, but these claims are quite difficult to make. It can also be difficult to bring a civil claim against the Individual in these circumstances, but you may be entitled to Criminal Injuries Compensation.

If you or someone you know has suffered abuse by a family member or within your own home, you can contact our specialist team for advice. 

You can contact a specialist on 0330 300 5000 or email @email.