5.8 Criminal Injuries Compensation |
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For further guidance, see Child Abuse and Criminal Injuries Compensation Scheme
Contents
1. The Scheme
Children who are victims of offences of violence (whether committed within or outside the family) may be entitled to criminal injuries compensation whether or not there has been a prosecution or conviction and even where there is no physical injury as in cases of sexual assault.
The Criminal Injuries Compensation Authority (CICA) has a duty to compensate fairly all those who suffer personal injuries directly attributable to a crime of violence (legal aid may be available to assist in submitting applications and deciding whether or not to accept awards).
To receive an award a person must have suffered an injury as a direct result of a crime of violence.
There is no legal definition of the term ‘crime of violence’. Physical assault is the most obvious example, but the term may also include sexual abuse or interference. Rape, incest, buggery and indecent assault are examples. Other sexual offences may also be included.
The lowest level of compensation that can be awarded is £1000 which means that compensation for less serious injuries such as scratches and bruises cannot be compensated.
Applications must be received within two years of the date of the incident. Applications outside that period can be accepted only if ‘it is reasonable and in the interests of justice to do so’.
CICA will generally accept late applications in cases involving child abuse if:
- They are made on behalf of children, or made by children themselves within a reasonable time of reaching the age of 18; and
- It seems likely that there will be enough supporting evidence to make an award
It is a general condition of the scheme that any person who causes an injury must not benefit from an award paid to the victim. An award is unlikely if there is a continuing close link between the victim and the offender which makes it likely that the offender would benefit from the award
2. Conducting Claims by Children
Where the child is Looked After and the local authority holds Parental Responsibility, Children’s Social Care Services should help the child make the claim or should initiate the claim on the child’s behalf.
The application form should be completed by the social worker and approved by her/his manager.
Where the child is Accommodated and the local authority does not have parental responsibility, the person with parental responsibility should be approached about the making of a claim.
If this is inappropriate e.g. because that person caused the injuries, or is cohabiting with the person who did, Children’s Social Care Services should consider initiating the claim.
If the person with parental responsibility declines to initiate a claim Children’s Social Care Services should consider doing so.
A child who has been the subject of a Child Protection Conference may be eligible to apply. Advice and guidance therefore should be given to parents of the child about criminal injuries compensation.
When a child is not Looked After or where the offence did not give rise to a Child Protection Conference, the responsibility for advising that an application be made rests with the Police.
Further information about the Criminal Injuries Compensation Authority and an application form can be obtained from Child Abuse and Criminal Injuries Compensation Scheme or by contacting the Criminal Injuries Compensation Authority.
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