Mr Fairbanks was very seriously injured in an assault on 8th October 2005 on Goose Street, Newcastle-under-Lyme. He sustained a severe brain injury in the attack and due to memory difficulties, Mr Fairbanks’ recollection of the circumstances leading up to the incident is not clear. It would seem however, from the medical evidence available, that he was attacked with significant force with a weapon and/or a savage kick to the head whilst he was on his way back from a car park, having put more money on a meter with the intention of leaving his car there overnight.
The Police were unable to obtain sufficient evidence to identify an assailant and subsequently no charges were brought.
Nevertheless, Mr Fairbanks duly lodged an application for compensation to the Criminal Injuries Compensation Authority (CICA). A rule of the CICA Scheme states that it is not necessary for an assailant to be identified in order for an applicant to receive an award of compensation, as long as the Police regard the incident as a “crime of violence”.
The CICA rejected Mr Fairbanks’ application on 2 occasions on the basis that there was no evidence to suggest that Mr Fairbanks was assaulted and/or a victim of a “crime of violence”.
An Appeal was lodged by Irwin Mitchell against the CICA’s decisions and Mr Fairbanks was represented at an Appeal hearing on 24th September 2008 at Birmingham Appeals Tribunal. The investigating Police Officer in the case was called to give evidence and she confirmed that the Police regarded this incident as an “undetected assault” i.e. the applicant was assaulted but the person responsible was never identified.
Crucial medical evidence was also obtained by Irwin Mitchell from a Consultant Neurologist who was able to confirm that the injuries which Mr Fairbanks sustained were consistent with a ‘deliberate and vicious assault’. The medical expert was also able to rule out that the injuries were caused as a result of a fall or road traffic accident and could therefore only have been caused as a result of an assault.
Mr Fairbanks has been unable to return to his pre-assault work as a Prison Officer since the assault. He continues to suffer with substantial difficulties directly attributable to the brain injury. He has poor memory, concentration difficulties, behavioural problems associated with aggression and has a high risk of developing epilepsy. As a result, he has suffered, and continues to suffer, significant financial loss as a result of being unable to work.