"No right to compensation" says lawyer acting for UK Government

Lorraine Allen om Derbyshire wants compensation after being wrongly convicted of killing her baby son
Lorraine Allen om Derbyshire wants compensation after being wrongly convicted of killing her baby son Photo: ITV Central

A lawyer acting for the UK Government has told a panel of judges that "there is no right to compensation simply because someone has been acquitted".

The European Court of Human Rights in Strasbourg is hearing the case of Lorraine Allen from Derbyshire who wants compensation after being wrongly convicted of killing her baby son.

Lorraine Allen was accused of shaking four-month-old Patrick to death and convicted of his manslaughter in 2000.

The conviction was quashed in 2005, after fresh medical evidence proved it to be unsafe.

Her application for compensation was rejected by the Home Secretary, a decision later upheld in a subsequent judicial review and appeal.

The case is now being considered by a panel of judges in Strasbourg.

“This is the latest step in the long road to justice to obtain the compensation which Lorraine deserves.

“The fact that the case has now been referred onto the Grand Chamber of the European Court of Human Rights indicates the importance and complexity of the issues involved. Specifically, the European Court will be considering whether the presumption of innocence applies once a conviction has been quashed.

“The case has been referred to the Grand Chamber of the European Court of Human Rights by its own volition. In the majority of cases, the Grand Chamber hears appeals from the lower chambers. The fact that the case has been referred there direct indicates the importance of the issues raised.”

– Mike Pemberton, from Stephensons Solicitors which represents Lorraine