Rejected CICA Claim Overturned with an Award in excess of £153,000.00

When a CICA Claim Is Rejected, It May Not Be the End

Being told that your Criminal Injuries Compensation Authority (CICA) claim has been rejected can be devastating, particularly when you know that you were the victim of a serious crime.

But a first decision is not necessarily the end of the road. One survivor, who’s claim for compensation was rejected by CICA at both initial and review decision; was subsequently awarded a significant sum following a first-tier appeal application; Her case related to a sexual assault when she was just 15 years old.

The result was an award of £153,733.48.

More importantly, the appeal gave her the opportunity to have what happened to her properly recognised.

A Sexual Assault that Changed Her Life

The survivor was 15 when she was sexually assaulted in 2006.

She had been drugged or spiked and raped by between three and five potential suspects. She had no memory of the assault itself. When she woke up, she was disorientated and only remembered the aftermath.

She later discovered that she was pregnant as a result of the assault. She continued with the pregnancy, but her life became increasingly difficult. Her mental health deteriorated significantly. She struggled to care for her baby, became involved with drugs and experienced homelessness as a result.

Almost 10 years after the assault, in 2015, she reported what had happened to the police. Three suspects were interviewed. Each blamed the others. DNA testing was carried out on two of them, but the results did not establish paternity. A third potential suspect was not on the police database, meaning there was no DNA comparison available.

No one was charged. However, the fact that nobody was prosecuted did not mean that the assault had not happened.

Her CICA Claim was Rejected

In September 2021, around 15 years after the assault, an application for compensation was made to CICA.

The claim was rejected. Among the reasons given were the lack of a criminal prosecution, the delay in reporting the assault to the police and the time that had passed before the compensation application was made.

A review was requested. This involved gathering further evidence, including antenatal and maternity records to help establish the pregnancy and delivery dates, together with medical records relating to the survivor's mental health.

The evidence also helped explain why she had taken so long to report the assault and why her application for compensation had not been made sooner.

Despite this additional evidence and the arguments put forward on her behalf, the CICA rejected the claim again.

Taking the Case to Appeal

The case was then taken to the First-tier Tribunal. The appeal focused on the evidence surrounding what had happened and the significant impact the assault had had on the survivor's life.

Her mental health records provided important evidence about the trauma she had experienced. They also helped explain the delays in reporting the assault and making her compensation claim.

There was also an important issue about the absence of a prosecution. The fact that nobody had been charged did not mean that the police had decided that the assault had not happened. The investigation had not resulted in a prosecution because it had not been possible to establish who was responsible.

The appeal also considered the wider evidence available, including the timing of the pregnancy and the circumstances surrounding it.

Stacey Flegg, who represented the survivor, continued to argue her case throughout the appeal process.

CICA Conceded at Appeal

The case reached a significant turning point before the tribunal hearing.

Following the arguments submitted on behalf of the survivor, the CICA conceded two of the issues that had previously led to the claim being rejected. At the hearing, the judge also expressed concern about the level of scrutiny the survivor had faced.

She had been a child when the assault happened. The consequences had affected almost every part of her life since then.

Stacey Flegg, CICA Expert, said:

“Our client was a child when this happened to her and shaped every aspect of her life from that point. I admire her resilience and strength, and I am very grateful she put her trust in me to fight for her justice. It was owed to her and long overdue.”

An Award of More than £153,000

The survivor was ultimately awarded £153,733.48. The award recognised the significant mental health difficulties she experienced following the rape. It also included compensation relating to the pregnancy that resulted from the assault.

The award also included past loss of earnings and future loss of earnings for a period of two years, helping to support her treatment and recovery.

For the survivor, the outcome was about more than the money. It meant having her experience recognised after years of feeling that she had not been believed or properly heard. It provided a sense of justice, where the Criminal Justice system could not.

Stacey said:

“It has been a privilege to achieve this result for her. Finally, she has been given the recognition she has deserved for so long. To be believed, to feel validated, and to be given a sum of money that will help re-shape her future.”

“It’s Not Just About Me”

The survivor gave permission for her story to be shared anonymously because she hopes that it can help other young women in similar situations.

She said:

“You did do some amazing work with little information. It’s not just about me. If it helps other young women in my situation get some control over their life, I’m all for it.”

Her message is important. If you have experienced a sexual assault, you may feel that too much time has passed, that there is not enough evidence or that a lack of prosecution means you cannot claim compensation.

This case shows why it can be worth getting specialist legal advice before giving up. There is no guarantee that another case will have the same outcome. Every CICA claim is assessed on its own facts and evidence. However, a rejected first decision does not necessarily mean that your case cannot be challenged.

What If CICA Has Rejected Your Claim?

If your CICA claim has been rejected, you may have the right to ask for the decision to be reviewed and, depending on the circumstances, appeal the decision to the First-tier Tribunal.

The reasons for the rejection matter. So does the evidence available to support your claim. In this case, evidence relating to the survivor's pregnancy, medical history and mental health became particularly important in explaining what had happened and why she had not reported the assault or claimed compensation sooner.

If you have been told that your claim cannot succeed, it is important to understand why before deciding what to do next.

Our specialist solicitors have experience helping survivors challenge CICA decisions and pursue the compensation they may be entitled to.

You do not have to know whether you have a case before you speak to us. We can explain your options and help you understand what the next step could be. You may have been told no. That does not always mean the answer has to be no