By Charlotte Prentice
The mother of a toddler who was hit repeatedly by another 3-year old has won the right to compensation after a long two-year battle against the The Criminal Injuries Compensation Authority (CICA).
Jay Jones, of Merseyside, was left for dead after he was hit over the head with a car jack 11 times while the boys were left alone in the car.
Jay’s attack in December 2007 suffered serious injuries that required stitches, his attacker “kept on lashing out even though Jay was screaming out in pain and covered in blood”, his mother said.
CICA was in a two-year legal dispute in this case because the attacker was only three years old and could not be prosecuted.
Renai Williams, Mother, said: “This has been a long and hard-fought process. We have been knocked back twice by the CICA because, in my opinion, they didn’t take my son’s case seriously.”
Ms Williams appealed the case which went to a tribunal and they decided in her favour.
Michelle Armstrong, who represented the family said:
“We argued that the age of the perpetrator was irrelevant when claiming compensation from the CICA, it was at this point that we won.”
The legal age for criminal responsibility in England, Wales and Northern Ireland is 10 and in Scotland it is only 8.
Solicitor Advocate John Scott commented:
” The reason that children aren’t prosecuted is because we accept the age of criminal responsibility is well above that level, it’s just so when children are behaving like children it’s not labelled as a crime.”
He added, “The Bulgar case involved two children there were serious questions about whether we should be prosecuting children as young as that in a trial setting, even with such a serious crime.
I don’t think in this case the boy should be labelled as if he was an adult. What the boy’s mother said is understandable but three-year old kids don’t have an understanding of damage. There is a bill going through parliament just now to increase the age of criminal responsibility in Scotland to 12.”
Manager of Jigsaw Nursery, Edinburgh, talked about toddler behaviour:
“Boys aged from 3-4 are generally more aggressive than girls because they have huge testosterone levels, the little boy who attacked Jay Williams wouldn’t stop because he didn’t know the harm that was going on.”