Our client was the victim of an indecent assault committed by a high-risk sex offender who had previously been convicted of serious sexual offences.
In recognition of the significant risk the offender posed to the public, he was subject to a Multi-Agency Public Protection Arrangement (MAPPA), implemented jointly by Police Scotland and the local authority under the Management of Offenders Etc. (Scotland) Act 2005.
Under the MAPPA, the offender was to be securely housed and closely supervised. Despite this, due to a serious failure in the supervision process by the local authority, the offender absconded from the accommodation. While at large, he indecently assaulted our client in a public space. The offender was subsequently arrested, remanded in custody, and took his own life in prison before any criminal trial could proceed.
As a result of this traumatic experience, our client suffered not only the assault itself but also significant psychological harm.
How we helped our client
We submitted a civil claim against the local authority on our client’s behalf, alleging that its failure to properly supervise the offender directly led to the assault. The authority initially denied liability.
We therefore raised a court action and instructed Counsel to draft the Summons. We put forward the following arguments:
- Common Law Negligence – We argued that the local authority had a duty of care to the public, which it breached by failing to appropriately manage and supervise a known, high-risk offender.
- Human Rights Act 1998 – We alleged that the failure constituted a breach of our client’s human rights, specifically:
- Her right to respect for her private and family life under Article 8 of the European Convention on Human Rights.
We obtained and reviewed our client’s medical and psychotherapy records and instructed an expert psychological report to evidence the psychological impact of the incident. Following litigation and negotiation, the local authority agreed to a settlement. Our client was satisfied with the compensation secured and felt her suffering had finally been acknowledged.
Additional Support: CICA Claim
We also advised our client to pursue a claim through the Criminal Injuries Compensation Authority (CICA), which provides compensation to innocent victims of violent crime, including sexual assault. This application is ongoing, and we are confident that our client will receive a further award in recognition of the assault she endured.
