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CHAPTER 13: Criminal Injuries Compensation Scheme

1.1 Children who are victims of offences of violence (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.
1.2 The Criminal Injuries Compensation Authority (the Authority) 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).
1.3

Conditions of the scheme are as follows:

  • There is a minimum award and the injury must be serious enough to award this minimum compensation payment (currently £1,000)
  • The incident should have been reported to the police; the Authority may withhold or reduce compensation if an applicant did not take, without delay, all reasonable steps to inform the police or another appropriate authority, the circumstances of the injury
  • There is a 2 year limitation period on making a claim after the incident, unless the Authority exercises its discretion to 'allow an application out of time' (for child abuse the Authority may be sympathetic to applications no matter how old)
  • Compensation will not be paid unless the Authority are satisfied that the offender will not benefit from an award (on granting an award the Authority may appoint trustees to hold the compensation for the benefit of the child making such provisions for maintenance and education as necessary)
  • Where the child and the person causing the injuries were living in the same household, (as members of the same family) at the time of the injuries, compensation will only be paid where the person responsible has been prosecuted (unless there are good reasons why not) and the Authority are satisfied that it would not be against the child's interests to make a payment (the Authority are always concerned, particularly in cases of sexual offences, to ensure that offenders do not benefit from awards)


CONDUCTING CLAIMS BY CHILDREN
1.4 Where the local authority holds parental responsibility Children's Social Care should help the child make the claim or should initiate the claim on the child's behalf. The form should be completed by the social worker and approved by her/his manager.
1.5 The local authority has no power to make a claim on behalf of a child unless they are subject to a Care Order.
1.6 Where the child is looked after, but the local authority does not have parental responsibility, the person with Parental Responsibility should be approached about the making of a claim.
1.7 If this is inappropriate e.g. because that person caused the injuries, is cohabiting with the person who did or declines to initiate the claim, Children's Social Care should consider referring the child to an appropriate agency e.g. a solicitor or victim support.
1.8 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.
1.9 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.
1.10

Further information about the Criminal Injuries Compensation Authority and an application form can be obtained from;

The Criminal Injuries Compensation Authority,
Tay House,
300 Bath Street,
Glasgow
G2 4LN

Tel: 0800 358360

or (for London and the South East of England);

Morley House
26-30 Holborn Viaduct
London EC1A 2JQ

Tel: 020 7842 6800.

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