Teaching Assistant attacked by child wins case through EAD Solicitors
Our client was a teaching assistant at a school in England,
where she taught reception class. A 3 year old child escaped
from the nursery building into the playground, where he then tried
to escape from the playground and ran towards a wall. Our
client put her arm out to stop the child who then grabbed and bit
her arm causing a nasty wound, which consequently left a scar.
The CICA rejected the case initially and at review stage because
they stated that although the child was behaving badly, given the
age of the child, there was no criminal intent.
There had been a previous similar case in Liverpool in November
2009 (Kirwans Solicitors) where the CICA granted compensation to a
3 year old boy who was hit 11 times with a car jack by a child of
the same age - Jay Jones v CICA.
Our client attended for a CICA Appeal Hearing in August 2010 at
Liverpool. She was represented by Ben Handy, Counsel from
Harrington Street Chambers. He had also represented the
Claimant in the previous case.
Our client won her case. The Tribunal found that it was a
deliberate act committed by the child - the child was not defending
himself, nor was he provoked.
The Tribunal considered and applied Paragraph 10 of the CICA
Scheme.
Paragraph 10 of the CICA scheme states 'It is not necessary for
the assailant to have been convicted of a criminal offence in
connection with the injury. Moreover, even where the injury
is attributable to conduct within paragraph 8 in respect of which
the assailant cannot be convicted of an offence by reason of age,
insanity or diplomatic immunity, the conduct may nevertheless be
treated as constituting a criminal act.'
Our client received compensation for her scar.
The CICA Tribunal is not bound by its own decisions; each case
will be decided on its own evidence.