Lorraine Allen: Mother wrongly jailed for killing son in 'shaken baby' case loses Human Rights compensation bid
Ruling could have impact on other cases in which convictions have been overturned but compensation has not been paid
Friday 12 July 2013
A mother who was wrongly jailed for killing her four-month-old son has lost her case for compensation at the European Court of Human Rights.
Lorraine Allen, 39, was convicted in 2000 of the manslaughter of her son Patrick and sentenced to three years in prison. The conviction was quashed in 2005 after fresh medical evidence was put forward but she was denied compensation. He died two years earlier in what had been dubbed a "shaken-baby" case.
The Strasbourg court has ruled that the Government's decision had not breached her right to the presumption of innocence. The decision, which cannot be appealed against, is expected to have an impact on a number of miscarriage of justice cases in which convictions have been overturned but compensation has not been paid for the time they have spent behind bars.
Ms Allen, from Scarborough, North Yorkshire, applied for compensation but this was refused by the Home Secretary because her claim, it was argued, did not meet the statutory criteria.
She took her claim to the European Court of Human Rights in Strasbourg but failed today to win compensation.
A child born while Ms Allen was serving that sentence was taken away from her and placed for adoption. But her conviction was quashed in 2005 after new expert evidence.
After the home secretary refused her compensation claim, Ms Allen challenged that decision by judicial review but this was refused by the High Court in 2007 and the subsequent appeal was dismissed in 2008.
She took her fight for compensation to the European Court of Human Rights in Strasbourg, which heard her case in November and delivered its judgment today.
The judges found unanimously that there had been no violation of Article 6 (presumption of innocence) of the European Convention on Human Rights.
The court found that UK judges properly considered whether any miscarriage of justice had taken place and concluded that this had not been established beyond reasonable doubt.
The court said: "The language used by the UK courts in their decisions to decide on compensation had not undermined Ms Allen's acquittal or treated her in a manner inconsistent with her innocence."
- 2 Harry Potter fans can apply to the Hogwarts-inspired College of Wizardry
- 3 Jessica Chambers: 19-year-old woman 'doused with lighter fluid and burned alive' in the US
- 4 Russell Brand calls Nigel Farage 'poundshop Enoch Powell' in BBC Question Time debate
- 5 Orange Wednesdays are no more
Weather bomb in pictures: Storms cuts power for tens of thousands – and snow is on the way
Jessica Chambers: 19-year-old woman 'doused with lighter fluid and burned alive' in the US
Russell Brand calls Nigel Farage 'poundshop Enoch Powell' in BBC Question Time debate
Russell Brand was rendered speechless on Question Time by this man
Fury at Airbus after it hints the super-jumbo may be mothballed
Disgruntled RBS worker writes hilarious open letter to Russell Brand after anti-capitalist publicity stunt leaves him hungry
Nigel Farage defends Kerry Smith 'ch***y' comment: 'If you are going for a Chinese, what do you say you’re going for?'
Nigel Farage's approval rating hits 'record low' as popularity suffers in wake of Ukip sex scandal
Pakistan school attack live: Taliban kill at least 132 children in 'horrifying' massacre
Sony hack: Angelina Jolie branded 'seriously out of her mind' in further embarrassing leaked email saga
Panic Saturday: 13 million Britons spend £1.2bn – while 13 million others across the country live in poverty unable to afford food
£7 - £9 per hour: Recruitment Genius: Are you outgoing? Do you want to work in...
£30000 - £35000 per annum: Recruitment Genius: An opportunity has arisen for a...
£30000 - £35000 per annum: Recruitment Genius: An exciting opportunity to join...
£30000 - £35000 per annum: Recruitment Genius: We have an excellent role for a...