Ensure the Correct Compensation for Vulnerable Adults

In many cases where a Vulnerable Adult suffers loss through financial abuse, (for example, through fraud, forgery, or theft), the perpetrator is prosecuted. As part of that process, the courts are empowered to order the perpetrator to pay compensation to their victim.

However, where the victim is a Vulnerable Adult, their recollection of what has happened may be poor or non existent, or they may be deluded about the nature of their relationship with the perpetrator, which is why they were Vulnerable to the abuse that has taken place.

This creates evidential difficulties for the Crown Prosecution Service (CPS) who cannot proceed with a prosecution unless they have sufficient evidence to support a realistic prospect of conviction, (guilt beyond reasonable doubt) and that prosecution is in the public interest.

In these difficult cases, the CPS may prefer to secure a conviction and Compensation order in respect of a lesser offence than take the risk of losing at trial on a more serious offence. For example, a perpetrator (P) is charged with forging cheques to the value of £20,000. P admits to forging £3,000 worth but says that the victim asked him to write and sign the cheques because he owed money but had problems with his writing. The victim has no recollection. The CPS know that it will be difficult to prove that P forged all the cheques, so they accept P's proposal to admit to a lesser charge and pay back the £3,000. The £3,000 does get paid back but there is a shortfall of £17,000.

The team at Jackson Lees Solicitors can take action against the perpetrator to recover the shortfall. We only have to prove that it was more likely than not that the cheques were forged and we may be able to adduce other evidence to support a claim that would not be available for a criminal prosecution. We have a wealth of experience in assisting Vulnerable Adults who lack Capacity so these cases are dealt with thoroughly and with a high level of sensitivity.