4.12.3 Criminal Injuries Compensation |
Contents
1. Making a Claim
Claims for criminal injuries compensation should be made on behalf of a Looked After Child who has been a victim of crime (see Section 4, Information about the Scheme) where the child is the subject of a Care Order.
If Care Proceedings are ongoing, the social worker should discuss the possibility of a claim with the local authority lawyer and the child's solicitor, including the need to make an application for leave to disclose documents already filed with the Court to the Criminal Injuries Compensation Authority (CICA) if required.
If the child is Accommodated, the local authority does not have the right to make a claim on behalf of the child. In these cases, the social worker should encourage the parents or child (if old enough) to make a claim and/or assist the parents/child to consult a solicitor for this purpose.
Claim Forms can be secured by telephoning the CICA helpline direct.
Social workers are advised to look on the CICA website before filling in the form. Advice can also be given by Legal Services.
The CICA can give guidance as to whether a claim should be made as this is not always easy to determine (especially in cases of neglect). If in doubt, a claim should be made. The social worker should record the guidance given by the CICA in this regard on the child's case file. Where a decision is made not to submit a claim, the reasons why should be noted, in case the failure to claim is queried later.
When the social worker has completed the application form, a certified copy of the child's birth certificate and a copy of the Care Order should be sent to CICA.
Where necessary, the social worker should ask Legal Services to apply to the relevant Court to seek leave to disclose documents filed in Care Proceedings if it is considered that they will support the claim.
The social worker will receive and deal the correspondence from the CICB, with support from Legal Services if necessary.
It is particularly important that the social worker complies with any time limits imposed in any correspondence as failure to do so may result in the claim being struck out. Failure to make a claim or to make a claim on time may result in a negligence claim against the County Council.
2. Informing the Child
The social worker should inform the child when a claim is made, if the social worker considers it appropriate having regard to the child's age and understanding.
Obviously, the child will need to know at some stage and the timing of the giving of information is a matter for the social worker. However, when informing the child, care should be taken as not all claims will be successful and the awards can seem small. False expectations should not be raised.
Those aged fourteen and above should always be told, as they will need to sign to acknowledge the decision made about an award.
3. Where an Award is made
If an award is made, the County Council will hold the money on trust until the child is 18. At that stage, advice can be given about how the money should be spent but the money belongs to the young person and can be spent as he or she wishes
There are possible implications of receiving such an award, for example it may affect the young person's claim for benefit, and those likely to receive state benefits should be advised of the possibility.
4. Information about the Scheme
The victim of a crime which took place in Great Britain, generally within the previous two years, who has been physically or psychologically injured to an extent prescribed by the scheme and that can be shown to have occurred on the balance of probabilities, may be eligible for an award.
The time limit may be waived, (especially if the child has been a victim of sexual abuse) as it is recognised that there may be delays in disclosure in these cases.
It is expected that the crime will have been reported to the police.
Where injuries have occurred when a child is very small and the child could reasonably be expected to make a full recovery and forget or not know what has happened, then an award may not be made.
Injury has to be proved on a balance of probabilities and generally must be corroborated by a third party. Where there is a criminal conviction then the application is usually straightforward. The CICA may also rely on findings of fact made by a Court in civil proceedings, for example Care Proceedings.
In theory, a claim can be made even when there has been an acquittal in a criminal trial but there needs to be evidence of what has happened so that the crime can be shown to have been committed on a balance of probabilities. This is difficult to prove in these circumstances unless there is also a finding of fact in civil proceedings.
Motoring offences are excluded unless the vehicle involved has been used as a weapon.
The behaviour of the victim is relevant, including whether the victim has any criminal convictions or cooperated with the police enquiries.
The criminal must never be able to profit from their crime (e.g. in child abuse cases, an award can be revoked if the child returns to live with the abusive parent).
For further information, see the CICA website.
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