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READER’S QUESTION:
Last year I was badly beaten up, and the police never found the
person who did it. I have been in and out of hospital for
operations; I am still in pain and am very anxious when I go out
by myself. I applied for compensation but was refused because
the police said I had been drinking and taking drugs and
‘provoked what happened’. I had a few pints that night and
smoked cannabis earlier in the day but wasn’t drunk or stoned,
and was minding my own business when I was attacked.
KIRSTIE SAYS:
Compensation for criminal injuries is dealt with by
the Criminal Injuries Compensation Authority
(CICA). There are rules that decide if someone
should get any money, and if so how much. Each
injury has an amount of money attached to it, and
this can be decreased for a variety of reasons.
An award might be refused or reduced
because of the way the victimbehaved during the
incident. CICA will look at police reports, witness
statements and other documents to decide what
happened and if you contributed to what
happened in any way. It may be that witnesses
have said that you started the fight or were
acting aggressively before being attacked. The
use of drugs and alcohol alone isn’t enough to
refuse or reduce an award but, combined with
the behaviour described in statements, it might
lead to CICA deciding not to give you
compensation. Being under the influence of
drugs or alcohol can’t excuse a victim’s actions.
The character of the victim will also be
considered, and involvement with illegal drugs is
one of the factors here. This does not necessarily
mean convictions for drugs offences, but unspent
convictions for any offence will also play a big part in whether an award is made.
You can ask CICA to review their decision within 56 days of the date the
decision was made. You will need to provide supporting evidence, which might
include statements from independent witnesses, medical tests showing the
level of alcohol and drugs in your system at the time and expert reports on the
effect of this. A different claims officer will look at your application again and
decide if you should get the full amount for your injuries or a lower amount.
If you still disagree with the decision after review you can appeal to an
independent tribunal within 90 days of the new decision. You should think
carefully about this as the panel can withdraw any offer that has been made.
Legal aid is not available for these appeals, but some solicitors offer
representation on a no win, no fee basis where you only pay them if they win
the case. CAB or local law centres might also be able to advise you.
Will you share your issue with other readers? Kirstie will answer your legal
questions relating to any aspect of drugs, the law and your rights through
this column. Please email your queries to claire@cjwellings.com and we will
pass them on.
Legal line |
Letters
10 |
drinkanddrugsnews
| September 2013
www.drinkanddrugsnews.com
LETTERS
ON THE BANDWAGON
As a community-based provider of
substance misuse services I was
interested to read John Jolly’s views
on procurements and tendering which
will no doubt resonate with many in
the field (
DDN
, August, page 20). He
clearly makes some valid points.
Throughout the years there have
regularly been calls for the substance
misuse field to unite and work
together so as not to pit one provider
against another to the detriment of,
as John puts it, the ‘local third sector
organisation operating and attuned to
local communities’. However, we all
know this hasn’t happened and we all
probably know why, when ‘profit
motivation’, ‘survival’ or ‘growth’ have
got in the way of ethics.
But isn’t it best not to put all the
blame on commissioning when
organisations have been so keen to
jump on this bandwagon. Maybe it
would be better to make sure our own
practices are in order first and that we
too aren’t, in some way, a part of the
demise of a vibrant local provision,
before we point the finger elsewhere.
Sue Kenten, CEO, DASL
HIGH AND DRY
I’m worried about the hidden
alcoholics. They have always been left
out of the loop. They don’t come
under Supporting People because they
don’t have housing issues as they
own their own houses. They don’t
come under peer mentoring as they
don’t need education, training or
employment as they work or own their
own businesses or are retired. They
don’t come under DIP as they don’t
have a criminal record. If they score
under 20 or have come out of detox
or rehab, they are no longer seen by
the substance misuse service. There
is no aftercare or relapse prevention
for them. They are left high and dry,
worried that they will relapse (which in
most cases they do) without support.
We need empathic support workers
who can offer relapse prevention and
who can visit them in their own homes
where they feel more comfortable.
Hidden alcoholics are proud people
who don’t understand why they have
reached rock bottom. They are too
embarrassed to admit it to their
families. In most cases they want
instant support, because they don’t
know the procedure or system that
they have to go through to get help.
We also need sympathetic,
empathic people to visit service users
in hospital. Some have never been
under the treatment services (this
world is alien to them) when they are
left by their families, partners (who
don’t understand why they drink or
take drugs) to languish for weeks on
end. With no one to speak to, in
some cases they come across
unsympathetic medical staff who
don’t realise that most alcoholics
drink because of something that has
happened in their lives.
I’ve spent hours sitting by the
bedside of clients who just want to
see a friendly face. I founded AGRO
because there was no support for
service users in the evening and
weekends. I’m now in the process of
helping to start something similar in
Pembrokeshire called The Peer Project
with a lady called Leigh Proctor.
As a recovering alcoholic myself, I
spend a lot of my spare time thinking
of ways to support fellow service users
to make their lives easier. Every new
project I come up with has come from
what I have seen and heard while
working as a substance misuse
support worker for more than ten years.
Huw Harries, co-founder/chairman,
Anglesey & Gwynedd Recovery
Organisation (AGRO)
SEEING RED
As a supporter and practitioner of
most Green Party topics, I have
considerable respect for Caroline
Lucas, but not in regard to her
attitude towards addiction issues.
The fact that in 2013 she still
‘wants the government to
acknowledge that current policy is
flawed’ (
DDN
, August, page 16), and
also that she would ‘like to think that
there’s a point at which ministers
have to change course’, is strong
proof that she has not read the
current coalition government’s 2010
drug strategy.
For some 61 years, the sort of
policies she rightly condemns have
been condoned by successive
governments of all colours – until the
election of this government, who
Release solicitor
Kirstie Douse
answers
your legal questions in her regular column
LEGAL LINE
BEATEN UP BUT THE POLICE REFUSE
TO HELP BECAUSE OF MY DRUG USE
‘There are
rules that
decide if
someone
should get
anymoney...’