More than £250k Compensation Awarded for Historical Abuse

John (whose name has been changed to protect his identity) was abused from the age of 9  for 10 years by his mother’s partner. The abuse took place in his own home and was sexual and violent in nature. 

John finally felt strong enough to report the crimes to the police in his 40s and after a 5 year investigation the case went to court. There was a not guilty verdict which was devastating at the time. 

John put in a claim with the Criminal Injuries Compensation Authority (CICA) after the court case. 

He says:  

“The claim was not about the money but seeking acknowledgement from the state for what had transpired”. 

It is still possible to make a claim for compensation, even when there is a not guilty verdict at court. The court have to consider whether the person on trial is guilty beyond all reasonable doubt to give a guilty verdict. The CICA assess claims on the basis of whether the evidence shows it is more likely than not that the crime happened. This is called the balance of probabilities test. The application had been made passed the standard two year time limit to make a CICA claim so this initial hurdle had to be overcome before the Authority would consider the matter further. 

John put his claim in with the CICA but soon realised that the process was stressful and more in depth than he had expected. 
 

“I did extensive research before starting my claim, but the process was overwhelming. Once you begin on your own, you quickly realise how deep the rabbit hole goes, encountering many unexpected issues. Without expert advice, it's easy to get lost in the system. Winston Solicitors was the first firm willing to take on my case after I'd started and handing it over to professionals was a huge relief.”

The CICA initially made an award for the crime, but without accounting for the long term mental health consequences of the abuse and the impact on John’s ability to work. The award proposed was in the region of £23,500.00.

Heidi Stewart at Winston Solicitors worked with John and his mental health treatment providers to obtain the evidence required by the CICA to meet their criteria for a permanently disabling mental injury award. A psychiatrist report was obtained which concluded that John’s mental health condition was due to the abuse he had suffered in childhood. It also concluded that the condition was severely disabling on a day to day basis and would continue to be so on a permanent basis. 

John says: 

“Heidi was amazing. She grasped how tough the case was and understood my long quest for justice. Her advice and support were crucial, and I couldn't have achieved the outcome without her. I'm eternally thankful.”

Once Winston Solicitors was able to evidence that the CICA criteria for a permanently disabling mental health condition had been met the Authority would consider a claim for loss of earning, both past, and future for John. The psychologist evidence obtained stated that he had not been able to work due to his mental health, and was not expected to be able to do so at any point in the future. 

John was awarded compensation to reflect the crime, the injuries (both physical and mental) which he suffered and that his injuries had left him unable to work. 

The final award from the CICA was secured at just over £250,000.00. Winston Solicitors helped John consider his options with such a significant sum including looking at setting up a trust fund and making a Will.

John says: 

“The advice I got at the end was greatly appreciated”. 

Heidi Stewart from Winston Solicitors says:

 “I was really pleased to be able to help John. When he came to us he had started a claim with the CICA but was concerned with how it was going. It was really important following a disappointment with the court case to help John get some degree of redress.”
 

Winston Solicitors achieved a significant award for John at over £250,000.00 with the main element being towards loss of earnings.

If you have suffered abuse or an assault and are looking to make a criminal injury claim please get in touch with a specialist on 0330 3000 5000 or email @email