A woman who suffered childhood abuse says she wished she’d sought legal advice earlier after finally being awarded “meaningful” criminal injuries compensation.
The woman was sexually abused by a “trusted” neighbour at the age of 10 and after reporting it to police later in life an investigation was launched.
Despite a three-year inquiry, her abuser was not prosecuted due to a lack of evidence. However, the woman was able to apply for an award from the Criminal Injuries Compensation Authority (CICA).
The CICA is a government-run organisation set up to deal with compensation claims for blameless victims of crime.
Funded by the Government awards range from £1,000 to £500,000 for people who have been mentally or physically injured and or sexually abused.
The person or persons who caused the injury or abuse do not need to have been identified, charged with, or convicted of a crime. The CICA is able to offer awards if the crime is reported to the police and there is enough evidence to show that the crime was committed.
After submitting the claim herself, without legal advice, the CICA told the woman she qualified for a £6,600 award based only on the physical assaults she had experienced.
I was shocked. I felt they had not listened to me and dismissed the effects the abuse has had on my life. They said they doubted it had had an impact on me that had lasted more than five years, and it certainly hadn’t affected my long-term mental health.
But I have struggled with many things over the years, including relationships and with trust and intimacy.
The nature of child abuse is that you are groomed, the abuser gains your trust, they are nice to you; it will skew your view of what a healthy relationship is, and it screws you up in so many ways.
I’ve struggled with self-esteem and I have often been very angry.
The woman asked the CICA to review its decision, but it again concluded that it would make an award solely for the physical assaults she experienced and there would be no award for any permanent mental trauma.
I felt that they had invalidated my experiences. If you’ve been abused as a child, you feel shame and guilt and it’s a taboo to discuss it. I felt CICA was dismissing me, telling me it had done me no lasting damage, and that was unfair – I was determined to take it further.
After contacting Hudgell Solicitors our CICA expert, Senior Litigation Executive Laura Wardle, agreed to represent the woman and ask for a review, submitting new expert evidence from an independent psychologist who had diagnosed the woman with post-traumatic stress disorder (PTSD).
The CICA review agreed the woman had suffered a permanent disabling injury and the award was increased to £22,000.
“My client had lived with the effects of her childhood abuse for many years, and it was often disabling for her, something she found difficult to discuss, ” said Ms Wardle.
An abuse claim can be a vital step towards finding some form of closure as it brings with it recognition of the suffering endured and its impact on lives.
I believe the CICA should have offered her justice and closure at an earlier stage. Representing her at the appeal, I was determined the CICA should have as much expert information in front of them as possible to ensure she would finally get an award that was meaningful.
I am pleased that this settlement has given her vindication and will also help her as she continues to rebuild a life for herself.
According to the CICA around 30% of its awards are changed following an appeal or a review by an independent panel.
“I wish I had got help sooner,” said the woman:
When I appealed by myself and got nowhere, I thought ‘why am I doing this to myself?’ But Laura has been brilliant, she took the pressure off and she’s been kind, reassuring, patient and made a difference.
I really feel she went above and beyond what she needed to do and can’t recommend her highly enough.
I’m pleased with the outcome. Hudgells made the independent psychological evaluation possible, the NHS didn’t give me that; having PTSD diagnosed was important, I feel like I’ve finally been listened too.
Appealing for higher CICA damages
Many victims of violent crime who submit their own claims for damages to the Government’s Criminal Injuries Compensation Authority (CICA) are left disappointed by their claims being rejected, or by the amount of money they are offered.
However, there is an established process for criminal injuries compensation appeals, and at Hudgell Solicitors we have a track record of successfully representing clients in such circumstances.
Analysis by the Association of Personal Injury Lawyers (APIL) showed that of 379 cases which reached appeal in 2022/23, offers increased from an average of £7,848 to an average of £47,339 – six times more per person.
If your application for CICA compensation has been rejected, or if you had been expecting to be offered more damages, it is worth speaking to our legal team today for advice as to whether it would be worth making an appeal.
Read more: Experts in CICA Reviews and Appeals
