Success for Bolt Burdon Kemp’s CICA Campaign
October 04, 2011
Posted by:David McClenaghan
I am delighted to say that Bolt Burdon Kemp’s child abuse team have been successful in appealing against the CICA’s decision to reject two of our clients’ applications for compensation.
As you will see from my previous blog on the topic we have received an influx of instructions from victims of childhood sexual abuse whose applications for compensation from the CICA have been rejected on the basis that their applications have been made more than two years after the abuse and after the applicants first reported the abuse to the police.
We recently received instructions from two sisters whose applications had been rejected on this very basis. Our clients had been sexually abused in the 1970s and 1980s by their father when they were aged between 5 and 14 years old.
As is extremely common in cases of childhood sexual abuse, it was not until many years later that our clients were able to deal with their abusive experiences and disclose what had happened to them to the police. They contacted the police in 2007 and their abuser was subsequently convicted in 2009.
Having gone through the criminal process, our clients both made applications to the CICA for compensation, however their applications were rejected on the basis that they ought to have made their applications earlier. Having had their applications rejected, our clients contacted us and requested Bolt Burdon Kemp’s assistance in appealing the CICA’s decision.
We took our clients’ applications to the CICA Appeals Tribunal and argued that it is not reasonable for the CICA to expect victims of childhood sexual abuse to be able to bring their applications for compensation within two years of their abusive experiences. We were able to obtain psychological evidence which highlighted the difficulties victims have in disclosing their abusive experiences and we put this before the Tribunal in support of our submissions.
As a result of our submissions to the CICA Appeals Tribunal, the CICA’s original decision has now been overturned and the CICA has been ordered to make an award of compensation to both clients.