Victory at Appeal for Abuse Client

Personal Injury Partner Kim Overton and Associate Jemma Burt recently succeeded at CICA appeal for a client who had suffered historical physical and sexual abuse.

Our client, Peter, contacted Sills & Betteridge for advice following failures by various organisations and previous solicitor firms.

Case Study

Peter was removed from his family and placed at a boarding school by a local authority. At this school, Peter was subjected to significant physical and sexual abuse at the hands of a prolific abuser. Eventually, it was discovered that abuse was widespread at the school and all children were immediately removed. Peter co-operated with the police and made formal police statements.

Peter continued his childhood in the belief that the abuser had been prosecuted.

As an adult, Peter discovered that the abuser had not been prosecuted for the abuse he had suffered. In fact, the abuser had gone on to abuse further children at different schools over several years before finally being prosecuted and put in prison. Peter was left feeling that he had not received justice for the abuse he suffered.

Peter contacted other firms of solicitors, but they declined to help him with his case.

In a final attempt at justice, Peter contacted Kim Overton for advice. Kim advised Peter to pursue an application to the Criminal Injuries Compensation Authority (CICA). Peter's application was initially refused by the CICA based on the claim being submitted out of time. This is a particularly harsh requirement within the CICA Scheme. Kim asked for the CICA to review this decision and, when they refused again, she decided to take this claim to appeal. Kim and Jemma meticulously prepared for the appeal hearing and met with Peter in order to support him through the process.

Peter's appeal was heard by a Tribunal, and they handed down their decision a few days later. The appeal was successful, and Peter will receive compensation for the abuse he suffered as a child. Most importantly Peter has, for the first time, after many years of searching for justice, received recognition of the abuse he suffered as a child.

Kim and Jemma are also working very hard to pursue a civil claim for Peter.

The Abuse Team are skilled and knowledgeable at dealing with complex claims for any type of abuse, whether historic or recent, and can provide clear and supportive advice on what type of claim can be pursued. You can find Kim's contact details here.

Names and some details have been changed to protect client confidentiality.