Criminal injuries | Right Decisions

When working with children who have experienced trauma and abuse consideration should be given to whether the child meets the criteria for Criminal Injuries Compensation. Criminal Injuries Compensation Scheme 2012.

Children who have suffered harm either within or outwith the family as a result of abuse may be eligible for criminal injuries compensation. Other children or non abusing adults who have a loving relationship with the abused child may also be eligible for compensation if they suffer a mental injury because of witnessing the abuse or its immediate aftermath.

Professionals should be aware of this scheme and should consider whether any child for whom they are responsible is eligible to apply.

Eligibility

Where the victim was under the age of 18 at the time of the incident, and it is reported to the police before their 18^th birthday, an application for compensation can be made until the victim turns 20. Where the victim was under the age of 18 at the time of the incident but it was not reported to the police before their 18^th birthday, an application for compensation can be made up to two years from the first report to the police. Applications from adults should be made within two years from the date of the crime.

These time limits can only be extended in exceptional circumstances. The Criminal Injuries Compensation Authority (CICA) does not need to wait for the outcome of a criminal trial if there is already enough information to make a decision on a case, so applications should be made without delay for this reason. Decisions are made on ‘balance of probabilities.’

Consideration of Criminal Injuries Compensation at CPPMs

Consideration as to whether or not the Criminal Injuries Compensation Scheme may apply should be a standing item at all initial and review CPPMs (or Looked After Reviews if appropriate). It is the responsibility of the chair of the review to ensure it is raised with the family that the Criminal Injuries Compensation Scheme exists should they wish to proceed to make a claim. The Criminal Injuries Compensation Board will only accept applications from a party with parental rights and responsibilities for a child.

It is crucial that scrutiny is given to the above as the local authority can be held liable if it fails to make a claim where it holds parental rights and responsibilities for a child. Action may also be taken against the local authority if it accepts an inadequate offer of compensation on behalf of a child. Children and young people who have been abused in residential care are also entitled to claim compensation.