Falkirk care home worker – three-year-wait for compensation

A BRAVE grandmother who was the victim of a horrific rape is still fighting for compensation almost three years after her ordeal.

Anne Doherty was subjected to hours of abuse by a drugs-crazed teenager in the Falkirk care home where she worked.

Although she tried to go back to her job, flashbacks of the terrible night when she was attacked forced her to quit.

But bungling bureaucrats have delayed her compensation claim – a move she said that is stopping attempts to move on with her life.

She said: “They keep asking me for the same information and, although I keep sending off everything they ask for, nothing happens. It just keeps dragging on.”

Anne (53) waived her right to anonymity at the time of the trial in a bid to help people understand what rape victims go through.

Fiend Steven Malcolm held her at knifepoint in July 2006 as she looked after four women with learning disabilities in the town centre care home.

He subjected the mum-of-two to degrading sexual abuse, including repeated rapes.

She was finally released after police surrounded the house.

In April 2007 Malcolm, then 19, was jailed for at least nine years at the High Court in Edinburgh. However, Lord Menzies ruled he should be on a lifelong restriction order and may never be released.

At the time, he was only the second criminal in Scotland to be given such a sentence.

The judge described Malcolm as “a dangerous young man” who posed a serious risk to the public.

Anne tried to go back to work shortly before the trial but found it too
traumatic.

She said: “There was no way I could go back to the job, not when I would have to do nightshifts and stay in the room where it happened.

“I’d done the job for 20 years and really thought I would be there until I retired.”

Although she has had cash to cover her injuries, her appeal to the Criminal Injuries Compensation Authority (CICA) for a loss of earnings payment has still to be determined.

Speaking from her Falkirk home this week, she said: “Initially I applied for my pension but because of my age that was refused. Then I applied to CICA for a payment and sent off all the information they asked for.

“Last October, I was told that my claim was about to be determined, but didn’t hear anything so got back in touch with them. That’s when I was told the person dealing with the case had been promoted and someone else was now dealing with it.”

Anne was stunned to be told that she would have to supply the information again to a “specialist decision maker” who was now considering her case.

She added: “CICA’s website says they hope to deal with claims within 18 months so I don’t know why mine is taking so long. I just want to be able to move on.”

A CICA spokesperson said: “We recognise that all victims of violent crime must be treated with sensitivity and courtesy. In cases involving complicated long-term injuries or claims for loss of earnings we need to make detailed enquiries.

“By doing this we can make sure that victims get the compensation they deserve. We try to make interim payments as soon as possible in such cases based on the information we have at the time.”

The CICA scheme is for people who have been victims of violence and gives a minimum payment of £1000, although up to £250,000 can be awarded.

In severe cases compensation for loss of earnings or special expenses, such as medical expenses, can be made with the total maximum award £500,000.