Case Study - CICA claim for a Victim of Human Trafficking

The Applicant was the victim of human trafficking after she was brought to the UK in March 2012, aged just 16, on the pretext of caring for extended family members. In reality, she was exploited and abused for 7 years resulting in both significant physical and significant psychological injury. 

At the initial decision stage, the Applicant received an offer of £14,000. The CICA failed to accept, despite the evidence of the Consultant Psychiatrist, that a permanent disabling mental injury had been suffered or that the Applicant was unable to work as a direct result of her injuries.

We advised the Applicant to reject this offer and allow us to put questions to the Consultant Psychiatrist, arrange a further assessment and obtain further evidence. We proceeded to the ask the CICA to review their decision.

The updated supportive medical evidence confirmed a diagnoses PTSD, severe depression and generalised anxiety disorder caused by the Applicant’s experiences and that the conditions were long term with an adverse affect on  the Applicant’s ability to carry out day to day activities.

The expert further stated that despite intensive treatment, the symptoms are now permanent and that the conditions are of a seriously disabling nature.

In regard to loss of earnings, the expert was of the opinion that, as a direct consequence of the Applicant’s injuries, she had no capacity for paid employment and that this will be on a permanent basis.

Based on this evidence we were able to prepare a schedule of loss evidencing that the Applicant was unable to work and present a claim for past loss of earnings in the sum of £33,000, and that the Applicant would be unable to work in the future, resulting in future loss of earnings claim in the sum of £154,000. In addition to this, was an award for a permanent mental injury and an award for the physical abuse of an adult.

The CICA reviewed their decision because of the medical evidence and our schedule of loss and increased their offer from £14,000 to just over £220,000, which was recommended to the Applicant.

The case illustrates that a person can claim for both sexual and physical abuse suffered because of human trafficking and how important it is for an Applicant to seek legal advice when pursuing a CICA claim.