Criminal Injury Compensation Claims

If you are in the unfortunate position to have been a victim of a violent crime in England or Wales you may be entitled to compensation through the Criminal Injury Compensation scheme.

You can apply for compensation for:

  • physical injuries
  • disabling mental injuries
  • sexual or physical abuse
  • the death of a close relative
  • paying for someone’s funeral
  • loss of earnings and expenses

The scheme has very stringent criteria including but not limited to the following:

  • Nationality requirements for the person bringing the claim;
  • The crime must have taken place in England, Wales or Scotland and must have been reported to the police;
  • In most cases you must apply within 2 years of the crime happening although you may be able to apply after this time if you are claiming because of childhood sexual or physical abuse or because you could not claim earlier
  • The injury you have sustained must fall within the tariff of injuries detailed under the CICA 2021 scheme.

If you are claiming for Psychological injuries these must be diagnosed by a clinical psychologist or psychiatrist.

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Clodes Solicitors
Clodes Solicitors
A common query we receive is that P has lost capacity - how does one remove an Attorney appointed under an LPA ?

The Mental Capacity Act 2005 under S.22 and S.23 gives the Court power to revoke an LPA or to determine any question as to the meaning or effect of a lasting power of attorney.

One must carefully consider whether the allegations have merit and who it is proposed would deal with the persons financial affairs should the LPA be revoked.

One could raise there concerns directly with the Office of The Public Guardian or the attorney.

Alternatively one could consider making an application to the Court of Protection to revoke the Power of Attorney and appoint X as a Deputy. If time is of the essence an application to the Court for Directions or Revocation maybe prudent following a letter before action.

If a person is considering a Court of Protection application they should seek legal advice before commencing.

Where a Court application for revocation is being considered the donor would need to be assessed by an expert to ascertain the following:

1. Does P have capacity to revoke their LPA ?
2. Can P validly enter into a new LPA ?
3. Does P lack capacity to request accounts from their attorney ?
4. Did P lack capacity to make the gift or relevant financial decisions at the relevant time ?

The Court can consider any past behaviour or apparent prospective behaviour by the attorney. Provided that X does not have capacity the Court has the power to take whatever steps it regards as appropriate in P's best interests, whether that be by revoking the LPA or by taking some other course.

If you have concerns about a loved ones Attorney contact Clodes Solicitors on 02920 765050 or at https://www.clodes-solicitors.com/service/lasting-power-of-attorney/ #solicitor #local

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