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Criminal injuries

Children who have suffered abuse may be eligible for compensation. It is however reliant on applications being made by social workers and is therefore something that needs to be routinely considered.

The scheme allows for compensation to be paid to someone who has been physically or mentally injured (or both) as a result of a crime of violence. The injury must have happened whilst in Great Britain (Scotland, Wales or England) and the injury must be to a certain level or greater (known as the minimum tariff award).

Adult individuals coming to the department who claim to have been abused in the past should be informed of their right to make a claim for Criminal Injury Compensation and refer them on to the citizen's advice bureau or their own solicitor.

Similarly in circumstances where a social worker becomes aware that a child may have a valid claim for Criminal Injuries and that child is not in care the parent of that child (or individual with parental responsibility) should be informed in writing of their right to make a claim for Criminal Injury Compensation on behalf of their child and refer them on to the citizen's advice bureau or their own solicitor.

What is meant by 'crime of violence'?

There is no legal definition of the term 'crime of violence'. It will usually involve a physical attack on the person, for example an assault, wounding or sexual offence. However this is not always the case i.e. an injury arising from arson. The threat of violence may also, in some circumstances, amount to a crime of violence.

Does someone have to be convicted of the abuse for an award to be made?

A perpetrator does not have to have been convicted or even charged before an award can be made. However it is advisable to report any incident to the police, it is accepted that in cases of child abuse the incident may not be reported for a considerable period after the incident. If an incident has not been reported to the police and there is no good reason for doing so it can be assumed the application for compensation will be rejected.

Timescales for an application to be made

Generally an application will have to be made within two years of the date of the incident, however applications can be accepted outside this two year period only if, as the scheme puts it:

it is reasonable and in the interests of justice to do so

In cases involving child abuse, the scheme will generally accept late applications 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 the scheme will be able to find enough supporting evidence to make an award.

Special conditions for applications made on behalf of children

There are some special conditions that apply to family cases. It is a general condition of the scheme that any person who causes an injury must not benefit from an award paid to a victim. A decision may be made not to make an award in circumstances where there is a continuing close link between the victim and the offender that makes it likely that the offender would benefit from the award such as them both living as part of the same household.

If an application is made by or on behalf of a child there is also a need for the CICA to be satisfied that it would not be against the child's interests to make an award. An example might be if the child was very young at the time of an assault, and could be expected to make a full recovery and forget or not know that it had happened. That might be a better outcome than if an award were made, invested on their behalf and paid to them at the age of 18. This might make the young person remember the incident and cause considerable distress.

Who can make an application?

Under the scheme, an application on behalf of a child (under the age of 18) should normally be made by an adult with parental responsibility for the child. Usually this person is one of the child's parents. But if the child has been abused within the immediate family, this may be impossible.

If the child is in the care of the local authority the scheme expects the application to be made by or on behalf of the local authority. The Director or other responsible officer should sign the application. If no one is legally entitled to act for the child, advice from the official solicitor should be sought for England or Wales. For a child in Scotland, a person must be appointed (as a tutor of curator) to act for the child. Wards of court must get permission from the court to apply for compensation.

What information is needed to make an application?

Before the CICA can make an award they have to know:

  • the full circumstances of the injury;
  • how serious it was; and
  • how well the victim is recovering from it
  • specifically in order to complete the application the social worker will need to obtain the following information:
    • the time, date and location where the incident occurred
    • the crime reference number
    • the name and number of the police officer who dealt with the child's case
    • the name and address of the police station where the officer is based
    • what injuries the child sustained
    • the address and postcode of the hospital the child attended for treatment
    • the full name of the doctor and the dates the child attended to receive treatment
    • the full name and address of the child's GP

The social worker should also send any independent supporting information with the application such as medical or psychological reports. The social worker should consider the effect of further inquiries on the child.

How is compensation paid?

Awards of compensation are usually paid as a lump sum. Advance payments can be made where it can be demonstrated that there is urgent need or if CICA has been able to decide that the child is entitled to an award but their medical condition (and so the size of the award) is not yet certain.

If the child is in care and the local authority has parental responsibility the CICA usually expect the local authority to be involved in managing the award though it is likely that this will be done through the child's solicitor. Legal advice should be sought.

Actions

No.

Action

Person Responsible

Timescale

1.

When a child comes into care as a result of abuse or neglect discussion about whether an application should be made on behalf of the child

First line social work manager and social worker

Within four weeks of the child coming into care

2.

Decision to be considered at 1st Looked After Review

IRO

Within four weeks of the child coming into care

3.

If it is decided an application should be made on behalf of a child who is s20 accommodated, and the individual(s) with parental responsibility have been implicated in the abuse or are not judged to be able to make that application legal advice should be sought

First line social work manager and social worker

Within four weeks of the child coming into care

4.

If it is decided an application should be made on behalf of a child who is s20 accommodated, and the individual(s) with parental responsibility is judged to be competent to make that application they should be advised of this in writing

First line social work manager

At point of final decision being made

5.

If decision is that an application is not warranted it must be clearly recorded on the child's file and in the supervision notes along with reasons

First line social work manager

At point of final decision being made

6.

If the child is subject to a care order the allocated social worker will complete the CICA application form and pass it to their manager

Social worker

Within 12 weeks of decision being made to claim

7.

Form authorised and submitted

First line social work manager

Within one week of forms being forwarded by social worker

8.

Upon receipt of the notification of an acceptable award ensure that liaison takes place with the CICA Guardian who has custody of the award

First line social work manager / Legal services

Within one month of receipt of notification