Crime victims charity axes compo claims
Solicitor Payout process must be simplified
A charity sued for £ 100,000 by an abuse survivor over poor advice has stopped helping crime victims make injury compensation claims.
Victim Support Scotland (VVS) has admit ted it no longer represents people in cases with the Criminal Injuries Compensation Authority (CICA).
In the past, the charity gave free help to crime victims on what compensation they may be entitled to and how to apply.
Now, they will only give “emotional support” in relation to compensation claims.
And while they still tell victims of crime about the CICA scheme, they advise anyone hoping to make a claim to contact a lawyer.
Kate Wallace, chief executive of VSS, said: “The decision to withdraw from criminal injuries compensation claims representation was an incredibly difficult one. But the sheriff ’s ruling means providing that service poses too many risks for claimants, our staff and volunteers. We must protect our core role in supporting victims of crime.” In December 2017, the charity was sued for £100,000 in damages by a victim of historical child abuse, who said he had missed out on tens of thousands of pounds in compensation because of poor advice.
VSS had supported him in his claim for criminal injuries compensation and, in 2013, he was awarded £17,000 in recognition of crimes committed against him.
When his brothers were later awarded a much larger payout, he realised he could have claimed compensation for loss of earnings as he had lost his job because of the trauma of the abuse he suffered. He said VSS had not informed him he could lodge a similar action. A court ruled in favour of the victim, saying VSS had failed to act with “reasonable skill and care, a duty to address the loss of earnings and to help [the victim] seek to have the award reviewed.”
VSS stopped giving CICA support last February, including dropping cases where they had already been assisting victims. The change of policy and its impact has been highlighted in a report published this month on CICA culture by Victims’ Commissioner for Eng la nd a nd Wa le s Baroness Newlove.
The report reveals Victim Support in England and Wales has followed the charity’s lead in Scotland and no longer gives advice and guidance on applying for criminal injuries compensation. The review revealed fewer than four in 10 victims were told by police or other justice officials they could make a CICA claim. It also found many victims were being told not to apply until after any trial but if they did then the CICA often refused the claim as they are out of time. Kim Leslie, a specialist abuse lawyer at solicitors Digby Brown, said: “The CICA claims process can be complicated and timeconsuming – especially where time bars are applied. With charities now refusing to help, abuse survivors may find themselves feeling confused or abandoned. “We urge the CICA and justice workers to act quickly to improve the CICA application process and communication with victims. “Until then, we advise victims and survivors to seek expert legal advice.”
We must protect our core role of support for victims