The recent case where compensation was awarded to the family of one of the murderers of teenager Ben Kinsella has highlighted the discrepancy between payouts from the Criminal Injuries Compensation Authority and other compensation claims.
Ben, the brother of former Eastenders actress Brooke Kinsella, was murdered in 2008 in an unprovoked knife attack and his parents applied for compensation under the scheme. They received the fixed bereavement award of £10,000. However, their upset was magnified by the recent news that the father of one of the youths convicted of their son’s murder has received double that amount from the Metropolitan Police due to injuries caused.
Michael Alleyne Sr, received the amount after he sustained a broken ankle and an eye injury when police raided his flat on the morning after Ben was killed. He also put in claims for negligence, trespassing and post traumatic stress disorder. The case shows the marked difference between those payouts from the CICA compared to those cases which proceed through the courts.
The CICA, both administered and financed by the Ministry of Justice, was set up to compensate those who were the unfortunate and blameless victims of crime for any physical or psychiatric injuries sustained as a result of violence. It saw its budget cut in changes made in November last year which has seen a reduction in the number of awards it can pay out for victim injuries.
Those wanting to claim under the scheme, who have been the victims of a violent attack, need to have a unique police reference number, their GP’s details if they were treated for an injury, the name of the person who caused the attack, if that is known to them and the date of any court proceedings.
The family of a Liverpool teenager are concerned that their son may be denied compensation for his life-threatening injuries; money they need for his long-term treatment.
Marcos Ringle was pulled off his mountain bike in the Crosby area of the city last July and was badly injured in a vicious attack. He was kicked, punched and stamped on more than 50 times and was left with serious brain injuries. His family are angry at the fact that charges against the two people who attacked him have been reduced from attempted murder to grievous bodily harm with intent. The two have since been sentenced for their part in this and other serious offences; one received life imprisonment, the other 10 years in prison.
The Crown Prosecution Service said the decision to reduce the severity of the offence had been taken simply because there was no realistic prospect of a conviction for attempted murder against the two men. A spokesman said that, to prove the offence, the Crown would have to prove beyond reasonable doubt that there had been a specific intent to kill and it was decided that the lesser offence would give the Crown the strongest case possible to put before the court.
To add to the Marcos’s family’s upset, they have been left unsure how recent changes to the Criminal Injuries Compensation Scheme will affect them. Though the changes should only affect those who suffer minor injuries, the family say Marcos has been left with mental difficulties, needs help and they remain unsure whether the changes will affect them. The Ministry of Justice says the changes, which will trim £50m off the annual £200m bill, will preserve compensation to the most seriously injured victims of crime.
The Criminal Injuries Compensation Authority (CICA) which pays out compensation to the victims of crime is to continue paying awards directly to solicitors, taking the decision in the face of a possible judicial review challenge.
It was in the autumn of 2010 that the CICA announced that it was ending the practice of paying awards to a representing solicitor in favour of giving it directly to the victim but this led to Levenes, a London firm, gaining permission for a legal review on the subject. The firm argued that many of the victims were foreign, living abroad and were unable to read or write in English and therefore needed proper legal representation to be able to find their way through an often complicated procedure.
The CICA also announced it is to permit solicitors’ fees to be paid out of awards given on behalf of children. The government has said recently that it is to end compensation for minor injuries and it will also ban convicted criminals from making claims, while the victims’ surcharge will be extended.
A young boy could be eligible for up to £27,000 in criminal injury compensation after he was attacked by another three year old boy in 2007.
Jay Jones was hit 11 times with a car jack and suffered a gash to his head. His claim was rejected twice before the ruling, as his attacker could not be prosecuted due to his age. The ruling in favour of awarding compensation came after solicitors argued that an attacker’s age was not relevant.
The award to be made is for the psychological trauma suffered as a result of the attack. The total amount to be awarded will depend on psychological tests to assess how badly the boy has been affected by the incident.
The minimum amount he could receive would be £1000, which is the lowest tariff level available under the Criminal Injuries Compensation Authority scheme. The highest level allows for up to £27,000
