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