CICA compensation claim

Personal Injury case report: Criminal Injuries Compensation Application Refusal of application overturned and award of £14,170

In this case, our client's husband became violent as a result of a severe mental illness he was suffering. He violently attacked our client with a meat cleaver. She sustained extensive injuries to her left arm and neck and a skull fracture. Three of her children (two sons and one daughter) were at home during the attack and unfortunately witnessed the incident.

The husband was subsequently convicted of causing grievous bodily harm. Our client was in hospital for 3 months where she underwent extensive surgery. She has been left with visible scarring and has not regained full function in her left arm.

Before seeking legal assistance, our client made an application for Criminal Injuries Compensation for her injuries and psychological trauma. She also made applications on behalf of her children for the psychological impact of witnessing the attack.

After a year, the Criminal Injuries Compensation Authority declined to make any award on grounds that it considered there to be a likelihood that the assailant (her husband) would benefit from any compensation awarded.

It commented that due to her religious beliefs, our client was unwilling to divorce her husband thereby increasing the likelihood that he may benefit.

The CICA also declined to make any award in respect of the children. It declined compensation on similar grounds for one of our client's sons. The CICA also noted that the daughter had not sought any medical assistance to deal with the trauma and argued that the other son did not have sufficient proximity to the incident to have been affected.

We were then instructed to assist and submitted an application for review of the decisions. On behalf of the mother and one of her sons, it was contended that as the husband was sectioned indefinitely to a secure institution, he was unlikely to benefit from any award. Furthermore, our client had a separate bank account and had no wish to see her husband again as she was very fearful of him. It was also contended that the Authority had indirectly discriminated against the mother for following her religious beliefs.

On behalf of the other son, it was pointed out that the police records showed that he was present in the adjacent room at the time of the attack. There was also evidence that he had run into the room where the attack took place and witnessed what had happened to his mother.

With regard to the daughter, it was argued she was sitting her A' Levels during and after the incident. After the incident, her primary objective was to focus on her education and provide support to her mother. It was only after her exams had completed and she had settled down at university that she could start seeking medical assistance.

After another year, the CICA overturned all four decision and made awards in respect of all the applicants. The mother was awarded £11,170 for her injuries and trauma and the children were awarded £1000 each for the psychological effects.

Personal Injury Team

Hodge Jones & Allen

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