A woman who was awarded £16,500 compensation as a child for being a victim of sexual abuse has now been awarded a further £59,000 by the Government after her case was reopened as an adult.
Her case was reconsidered by the Criminal Injuries Compensation Authority (CICA) after lawyers acting on her behalf appealed for a ‘medical reopening’ of her case, due to ongoing mental health struggles linked to attacks on her by her father.
The woman, now 24 with young children, says she intends to use the compensation to pay for private therapy sessions.
Due to her poor mental health, she has always been unable to hold down a job and has had to live off benefits, whilst also providing support to her partner, who has severe learning difficulties.
The woman was initially unaware a claim had been made on her behalf to the CICA, a Government scheme to compensate innocent victims of violent crime and abuse until she was asked to sign forms to release the £16,500 to her when she turned 18.
However, the damages had only been awarded via a set tariff system based on the type of assault suffered and had not taken into account the impact her poor mental health had had on her life.
She was advised by her GP to seek a medical reopening of her case, something our specialist time at Hudgell Solicitors was able to pursue for her.
It resulted in her being awarded a further £59,000 compensation.
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‘My life has been forever affected’
This money is vital to me as I will now finally be able to get the therapy I need.
I’ve had therapy on the NHS but then after a few sessions, I find I’m just left on a waiting list. I’ll now get the consistent, specialist help I need.
My life has been forever affected by what happened to me. I have little or no trust in men unknown to me, and that has meant I’ve been unable to access NHS therapy for long periods, as there have not been women therapists available.
My partner is about the only man I feel comfortable with as we grew up together and were friends from primary school. I’ve tried to work, and I want to work, but I just have so many mental health issues, which also impact my physical health because of anxiety, that I simply have not been able to.
The woman says she was unaware when signing to secure the initial £16,500 damages six years ago that the mental health impact on her had not been included.
She was also not given any financial advice, and therefore had her benefits stopped for a period of time, which could have been avoided.
GP advised to seek more damages for mental health impact
It was when being treated for her continuing poor mental health two years ago that her GP suggested seeking advice on a medical reopening of her case, and to apply for increased compensation.
The woman instructed CICA claims specialist Tracy Thames, of Hudgell Solicitors, who says medical re-openings should be pursued by people who suffer increasing mental health problems as a result of being a victim of crime.
Medical re-openings provide a route to securing more compensation for people whose mental or physical health worsens over time, as this would not have been considered when they were given their original compensation award,” said Mrs Thames.
It is often the case for many people who have suffered serious abuse that the true extent on their mental health does not become apparent for a number of years. This can have a serious impact, often preventing people from being able to work, as in this case.
Our client contacted us in July 2020 to ask about the possibility of securing a medical reopening of her case, so we set about collating all the evidence we could in support of securing her a higher damages award.
We were able to secure evidence from both her GP and mental health service providers over the last few years which highlighted the constant contact she has needed with medical professionals regarding her mental health over the years.
This helped us secure the extra damages settlement, money we hope helps have a positive impact on our client, and her family for the future.
Victim hopes others can have cases reopened and reviewed
The woman said that whilst pleased with the increased settlement, she feels the system is currently flawed, and that many others like her may be left unaware they could seek an increased award.
I was fortunate that my GP told me about being able to seek a medical reopening, but why isn’t that automatic in cases involving children who have been subjected to abuse?” she said.
It goes without saying that most people, especially people who suffer sexual abuse as a child, are going to suffer from mental health issues in adulthood. Their cases should automatically be reconsidered at a point where they reach an adult age.
I can’t thank Tracy enough as she advised me in a very direct manner. She was compassionate and understanding, but not in a way that made me feel bad about myself or what had happened to me in the past. I appreciated that. She knew how to speak to somebody like myself, who has been through hell, and that was so important.
