15th Mar 2019
Manchester City Redress Scheme Published
Manchester City Football Club has launched a compensation scheme for survivors who were sexually abused by: -
1. John Broome between August 1964 and May 1971
2. Barry Bennell between August 1976 and November 1979
3. Barry Bennell between August 1981 and December 1984
The dates are important because any abuse that fell outside these dates will not result in an award under the Scheme.
The Club wants to “do the right thing” and although there are Scheme rules, these are not nearly as onerous and limiting as the formalities, rules and procedures that afflict civil Court litigation.
The Scheme is designed to provide a tariff-based compensation payment that is intended to be quicker, less stressful and more certain than normal Court litigation.
Once eligibility has been confirmed the Scheme offers three types of redress.
General damages
This aspect of the scheme offers compensation for sexual assault and any psychiatric or psychological damage caused to survivors by the sexual abuse. The more serious Tier 2 Awards will also compensate for the effects of the abuse upon the mental health of an eligible applicant. The awards range from £5000 for a single incident of indecent touching over clothing, up to £65,000 for multiple rapes that took place over a year or more.
Disadvantage in the labour market
As a result of sexual abuse during their formative years, survivors often do less well at school and as a result do not meet their educational milestones or go on to higher education. This means they may not achieve their career ambitions and end up earning less than would otherwise be the case. The Scheme offers awards that range from £5000 for minor disadvantage on the job market that lasts less than 6 months, up to an award of £35,000 for a serious disadvantage on the job market that lasts more than 6 months
Therapeutic costs
Survivors of sexual abuse have often received, or may anticipate receiving treatment or counselling that is not available on the NHS. In many cases survivors will pay for private treatment themselves. The Scheme offers awards that range from £2000 for treatment of those survivors who have experienced sexual assault at the lower end of the scale, and up to £4000 for treatment of those survivors who have experienced sexual abuse at the upper end of the scale.
Legal Costs
The scheme will also contribute towards any legal costs incurred by an eligible applicant. The amount will depend on the length of time the solicitor has been instructed and should cover most of a solicitor’s fees. At Robsonshaw, we will not charge a success fee and we therefore guarantee you will therefore receive 100% of your compensation.
Do I have to see a Consultant?
Eligible applicants who have suffered mental health problems as a result of the more serious abuse may also be asked to be seen by a panel Consultant Psychiatrist, unless you have already obtained your own Psychiatric report. The Scheme will pay all the costs of obtaining psychiatric evidence
Appealing
The Scheme is inherently generous, but an applicant may wish to appeal a decision either on eligibility or the amount of an award. There is a mechanism to appeal to the Independent Scheme Adjudicator who is experienced and impartial.
Why Should I apply under the Scheme?
The Scheme has many advantages including the fact that Manchester City will not try and argue that an applicant is ineligible for an award just because the abuse happened a long time ago and the applicant has delayed in bringing a claim. This is in stark contrast to the numerous limitation arguments that other defendants often put forward in Court litigation which can mean claimants are dis-entitled to compensation.
Of course, if an otherwise eligible applicant has already been compensated in civil proceedings the Scheme does not allow for a double recovery.
Importantly for a number of survivors the Scheme also will provide an apology or explanation of what went wrong.
The Scheme is voluntary, and nobody is obliged to partake. However, for those survivors who are eligible it provides a very welcome way of resolving their claim. Of course, applicants are entitled to opt out of the scheme and pursue their claims through the civil courts.
How do I claim?
A summary Claim must be submitted to initiate a claim. The Scheme requires an applicant to provide: -
1. Evidence that you played football for a feeder team affiliated to Manchester City and suffered sexual abuse.
2. Any statements that you have given to the police
3. Evidence that you are eligible and the type of redress that you seek.
The terms of the Scheme have been carefully worded and it is certainly sensible that potential applicants speak to us at Robson Shaw to establish whether they are likely to be eligible, and how much compensation they are likely to be awarded.
The scheme has a window period and it ends on 11 March 2020. That is less than a year away and it is therefore important that anyone who believes they may qualify under the scheme speaks to us as soon as possible.
If you would like us to explain the Scheme in more depth, please contact us on a free, no-obligation basis. If you instruct Robsonshaw to represent you, as we have said, we will not charge you a success fee and you can therefore be confident in the knowledge that you will be able to receive the entirety of any award and do not have to worry about legal fees.
For more information please contact Robert Shaw on 01392 345332 or by email at robert@robsonshaw.uk
Category: News Updates