Severely disabled man born after woman was raped by her own dad loses court fight to claim compensation

A severely disabled man born after his mum was brutally raped by her own father has lost a bid to claim compensation from the Government.

The 29-year-old-man, identified only as Y, believes he should get cash under the Criminal Injuries Compensation Scheme, which pays money to victims of violent crime.

His mum was awarded cash under this scheme after being sexually abused by her own dad from the age of just 11.

But when Y tried to get compensation on the basis that he had sustained personal injury directly attributable to a crime of violence, the Criminal Injuries Compensation Authority (CICA) rejected his application.

That decision was backed by the First Tier Tribunal, but the Upper Tribunal sent the case back to CICA, which launched an appeal.

The judges at the Court of Appeal ended Y’s compensation bid
(Photo: Getty)

Now Sir Brian Leveson, Lord Justice McFarlane and Lord Justice Henderson at the Court of Appeal have allowed the challenge – quashing the decision of the Upper Tribunal and restoring that of the First Tier Tribunal.

This leaves Y unable to receive compensation for what happened to him.

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