Almost half of criminal injury compensation claims made to the Government for injures in the Manchester Arena terror attack have been rejected, it has been revealed.
Figures from the government-run Criminal Injuries Compensation Authority (CICA), which is responsible for making awards to victims of crime and terror attacks, reveal that out of 741 applications for physical and mental injuries 331 did not result in a financial award, meaning 45 per cent of claims were rejected.
The explosion in 2017 killed 22 people and around a thousand more suffered physical and mental injuries.
Over the last five-years CICA says it has received 838 applications from those claiming to have been physically and mentally injured and just over half of those cases, 410, resulted in a criminal injury payment being made.
In a Freedom of Information request made to CICA, Hudgell Solicitors asked the authority how many applications for criminal injuries compensation it had received since the attack, which took place on 22nd May 2017. The response was:
- 838 applications submitted
- 741 applications resolved
- 410 applications resulted in compensation being awarded
- 331 applications did not result in compensation being awarded
- 97 applications still pending resolution
Hudgell Solicitors is representing a member of the emergency services who was working that evening and was one of the first responders at the scene following the explosion.
Based at a nearby building when the attack happened, the worker helped victims at the scene and witnessed some of the worst injuries and deaths.
The emergency worker, who wishes to remain anonymous, has since been diagnosed with moderate to severe post-traumatic stress disorder (PTSD) as a direct result of their experience.
However, an application to the CICA for an award based on mental health injuries was rejected.
The reason given for the unsuccessful claim was that the emergency worker was not “a direct victim” as they were not present at the scene when the bomb went off.
Nicola Bailey-Gibbs, associate solicitor in Criminal Injuries and Civil Liberties at Hudgell Solicitors, who represents the emergency worker said it was important to challenge the decision:
“We have, over many years, taken CICA cases to review and appeal. The reasons given for many unsuccessful claims range from, injuries not being serious enough to mental health conditions not being recognised. However, when we seek the advice of independent experts those initial decisions are often overturned.
“In this case, my client, an emergency worker, responded in the best way they possibly could during a terrorist attack, by doing their duty and helping the public in what were horrific circumstances.
“Those awful scenes will remain with this person forever; they have had a profound and debilitating effect on their mental health.
“CICA awards are meant to acknowledge the effects a criminal or terrorist act has on a victim, even if no-one has ever been prosecuted, and in this case, I feel it was wrong of CICA to dismiss the claim by saying in effect, ‘we’re sorry, but you were not there at the very moment when the explosion happened’.”
Mrs Bailey-Gibbs has asked for a review of the decision on the basis that CICA should not limit ‘the incident’ to the very moment the explosion occurred, and that ‘the incident’ covers a wider period of time in these circumstances.
“I am willing to take this case to appeal if need be. I feel it is not only unfair, but it fails to recognise the devastating experience suffered by so many people on that night, through no fault of their own, including those from the emergency services and from family members waiting outside for loved ones.”
Read more: Why we’re proud to support survivors who suffered physical and psychological injuries at the Manchester Arena Bombing
The Kerslake Review, commissioned by The Mayor of Greater Manchester, Andy Burnham, as part of his role as Police and Crime Commissioner, acknowledged that as well as those that were physically injured “many more suffered psychological and emotional trauma.”
Set up by the Government in 1996, the CICA scheme provides compensation for victims of terrorism in the UK and abroad and can help innocent casualties come to terms with how they’ve been affected by acknowledging what happened to them.
CICA awards can be made for PTSD as well as the following:
- General damages (injuries, pain and suffering)
- Loss of past or future earnings
- Specialist aids or adaptations in and around the home
- Care and support costs
- Bereavement payments
- Child dependency payments
- Family dependency payments
- Funeral costs
The amount of compensation for the effects of a terrorist act depends on the circumstances, injuries sustained and the impact they have on a person’s daily life. Some people may be forced to give up work, change jobs or require specialist support and care.
To claim injury compensation for a UK attack, you usually have to register your claim to the CICA within two years of the date of the incident.
In the Freedom of Information requested by Hudgell Solicitors, CICA said the majority of claims related to the Manchester Arena attack had been received within the two-year timeframe, but it was still accepting claims in 2022.
Manchester Arena injury claims received by CICA by date:
- 2017/18 – 415 claims received
- 2018/19 – 182 claims
- 2019/20 – 94 claims
- 2021/22 – 29 claims
Mrs Bailey-Gibbs said no victim should be put-off making a claim with regards to the two-year limitation, “There are often exceptions which can be made, and the time limits can vary, depending on the different type of injuries sustained.
“It may simply be that you were not well enough, either physically or mentally, to make a claim within that two-year window. The CICA will consider this on a case-by-case basis.”
Specialists in CICA Terrorism Claims
Our lawyers work in conjunction with the Criminal Injuries Compensation Authority (CICA), a Government-funded body, to ensure that victims of terrorism and their families are compensated for their ordeal. If you’ve been caught up in a terrorist act and you want your hardship to be acknowledged, please get in touch and discuss the circumstances with a specialist lawyer – all advice is free and confidential.
