One Minute Briefing - Criminal Injuries compensation
Please find below details of the revised procedure and process of how to make an application. The relevant Procedure has been updated and will show on the Children's Manual in due course.
The Criminal Injuries Compensation Scheme is a government-funded scheme to compensate victims of violent crime, administered by the Criminal Injuries Compensation Authority (CICA). Where a Child in care appears to qualify (see Section 2, Eligibility), an application should be made. The CICA can be contacted for advice on eligibility and making a claim.
The Scheme is intended to compensate blameless victims of violent crimes. The rules of the Scheme and the value of the payments awarded are set by Parliament and are calculated by reference to a tariff of injuries.
The CICA consider the circumstances surrounding the incident. Further guidance can be found in the CICA compensation scheme guidance:
Eligibilty
A “crime of violence” is described in the CICA guidance as “a crime which involves:
(a) a physical attack;
(b) any other act or omission of a violent nature which causes physical injury to a person;
(c) a threat against a person, causing fear of immediate violence in circumstances which would cause a person of reasonable firmness to be put in such fear;
(d) a sexual assault to which a person did not in fact consent; or
(e) arson or fire-raising.
(2) An act or omission under sub-paragraph (1) will not constitute a crime of violence unless it is done either intentionally or recklessly”
Compensation may be awarded for:
When do I make an application?
In most cases relating to children in care the application should be made as soon as possible after the crime has been committed. There will be inevitably some delay due to legal and medical processes but where the applicant was under 18 years of age on the date of the incident, the application should always be made in a timely manner. However, this may not always be possible and the CICA recognises that a child/young person may be claiming in relation to injury sustained as a result of a period of physical or sexual abuse.
All incidents must be reported to the police before a claim can be made to the CICA.
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If it has not been reported to the police, then the CICA will reject the claim. |
How do I make an application?
An application for compensation should be made by the victim of the offence. If the victim is under the age of 18, the application must be made by an adult who has Parental Responsibility for them. If the victim is the subject of a Care Order, the CICA will expect any application to be made by the Local Authority named in the order. A copy of the Care Order will be required. In all other situations an application should be made by a person who holds parental responsibility for the child, even if the child is accommodated by the Local Authority. Prior to any application for a child in care, there should be a discussion with Legal to ensure that the application is supported by the best evidence.
For all applications MOSAIC workflow CO307 – SC Criminal Injuries Application must be completed and the Safeguarding and Review team at SafeguardingAndReview@lincolnshire.gov.uk be notified. Upon notification they will ensure that the claim reference is added to MOSAIC.
It is the Social worker's responsibility to ensure that the application is made and contact with the CICA maintained. Safeguarding and Review will keep a record of all applications and will monitor and progress chase the named Social Worker to ensure that all key dates are accurately recorded.
Applications can be made:
Online, at Gov.uk; Supporting Evidence
The Criminal Injuries Compensation Authority (CICA), will require the following information in support of an application for compensation:
For children subject to care proceedings, expert medical reports may include evidence relating to the prognosis and effect of injury upon life expectancy or ability to live independently or be employed. This could be very helpful to any claim. It is imperative in these situations that the potential for a CICA claim be raised within the proceedings to ensure that appropriate directions are contained within the final order.
The Award
Legal advice from the Local Authority’s legal advisor should be sought without delay as to whether the offer should be accepted.
The acceptance form must be completed and returned to the CICA within 56 days of it being sent. If it is not returned within 56 days, and no written request has been made for a review or an extension of time, a payment will not be made. If the Local Authority fail to respond within this time frame the claim will be struck off. This may result in a claim being made against the Authority by the victim. No compensation will be paid until the CICA receives an acceptance of the award in writing.
Payment of compensation is usually by a single lump sum, but if a medical situation is unclear, one or more interim payments may be made.
If the payment is accepted, the CICA will normally put the money in an interest-earning deposit account in the child’s name, the payment to be paid to the child (together with all interest earned) when they reach 18. For larger sums legal advice may be required regarding trusteeship of the award.
When the young person reaches the age of 18 years, responsibility for handling the money awarded by the Criminal Injuries Compensation Authority will be handed over to them unless it is felt they would be incapable of dealing with it. The list of applications will be held by Safeguarding and review who will ensure that the relevant Social worker is aware of all scheduled payments.