Compensation for survivors of childhood abuse – getting recognition and compensation for mental trauma
Mr. J from the South West suffered both physical and sexual abuse as a child between the ages of 3 and 10 from a close family member. It took many discussions with mental health services before he felt able to disclose the abuse and make a report to the police in his 40s.
The result of the police investigation was that it was ultimately not in the public interest for the police and CPS (Crown Prosecution Service) to do more than record the crimes on file. In this case, therefore, the police process gave Mr. J no further support or recognition for his suffering.
Mr. J contacted Winston Solicitors in 2019 and a claim was submitted to the CICA (Criminal Injuries Compensation Authority) on his behalf. The CICA accepted that the scheme criteria in terms of the crime were met and began assessing the impact on Mr. J’s physical and mental health.
The CICA proposed an award of compensation for Mr. J in the sum of £3600.00 in full and final settlement. This acknowledged the crimes he had suffered. The nature of the abuse meant the sexual offences did not include full rape, and as such a relatively low award was made under the terms of the scheme.
At this point Winston Solicitors reassured Mr. J that his case could achieve a much higher award to reflect the level of mental injury he had been left with on a permanent basis.
The team at Winston Solicitors submitted an application for review to the CICA on behalf of Mr. J and then worked directly with his mental health team to provide the evidence the CICA scheme requires to achieve the maximum award for mental illness as a direct result of abuse. The CICA scheme states that an award for disabling mental injury will be made if there is a confirmed diagnosis from a clinical psychologist or a psychiatrist. The scheme then goes on to say that the specialist needs to provide a prognosis. If that prognosis is for the symptoms to be permanently disabling awards are made on the basis of whether the symptoms are assessed as mild, moderate or severe.
Mr. J received a revised award of compensation from the CICA in the sum of £27,300.00 in full and final settlement in 2021. This was in recognition of the fact that the abuse he had suffered had left him with a severe, permanently disabling mental illness. As the CICA scheme makes an award from the public purse this acknowledges the suffering of survivors of abuse and offers some form of redress.
If you are a survivor of childhood abuse and would like information about making a claim with Winston Solicitors please call 0113 320 5000 or email cica@winstonsolicitors.co.uk
