If you wish to recover compensation for stalking and harassment then consider making a CICA criminal injuries claim.
Elizabeth Duncan, who specialises in Criminal Injuries Compensation Authority claims, has recently succeeded in establishing that her client is entitled to receive compensation in relation to stalking and harassment.
Background to the CICA claim
Elizabeth’s client, referred to here as ‘R ‘for privacy, was subjected to a campaign of stalking and harassment which lasted over a decade. She was approached at work, harassed online, and sent disturbing and threatening correspondence in the post. It was all from the same individual. Her fear was so profound that a police marker was placed on her home, so that any calls would be responded to urgently. The ongoing campaign of harassment had a devastating effect on R’s mental health.
Eventually, the stalker was prosecuted and convicted of stalking involving serious alarm/distress.
R then felt able to proceed with an application to the government’s Criminal Injuries Compensation Authority (CICA) Scheme.
The scheme includes threats of violence in its definition of a ‘crime of violence’, stating as follows:-
“a threat against a person, causing fear of immediate violence, in circumstances where a person of reasonable firmness would have been put in such fear.”
Initial rejection of the CICA claim
Considering what R had been through, Elizabeth considered that her client’s experiences fell well within the CICA’s definition. However, the CICA rejected the application on the basis that it did not consider that the stalker’s conduct amounted to a threat that met the definition.
Application for a CICA review
A review of the CICA’s decision was applied for, but the CICA refused to reconsider their position and, again, rejected the application.
Successful CICA appeal
Elizabeth prepared an appeal to the tribunal. The tribunal was provided with a large amount of evidence, including documentation from the criminal court case and specialist psychological evidence about the impact on R.
The Tribunal allowed the appeal and confirmed that the repeated threats and alarming behaviour clearly met the definition of a crime of violence under the CICA Scheme.
The Tribunal found that the offender’s conduct, taken cumulatively, constituted threatening behaviour that satisfied paragraph 4 of the Scheme, and sent the case back to the CICA for an appropriate amount of compensation to be awarded.
How we can help you claim compensation for stalking and harassment
This successful appeal (the latest in a series of appeals we have one) highlights that the CICA scheme is not just limited to those who have been attacked physically. Serious threats of violence made during harassment and stalking campaigns can also qualify for compensation under the scheme, as long as the conduct falls within the definition and where the person suffers a disabling psychological injury as a result.
Our recommended CICA team is experienced in handling these claims and will fight hard to obtain the justice you deserve.
So, if you have experienced threats that caused you to fear violence, then speak to us to find out if you have a claim.
We offer a free case assessment service and if your claim has reasonable prospects of success, we can generally assist on a No Win No Fee basis.