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Contents

1. Background
2. Process

1. Background

Compensation is available to the victims of crimes of violence, under the Criminal Injuries Compensation Scheme. Claims can be made by persons with parental responsibility on behalf of children. Where the local authority has parental responsibility, it has a duty to consider making a claim in appropriate circumstances. Where a child is accommodated by the local authority a claim can be made by the local authority, even where a parent declines to do so.

To qualify for an award, the victim must have suffered ‘personal injury’ attributable to a crime of violence, or someone must have neglected them or failed to protect them from an act of violence.

It is important to be clear which of the two categories the claim is being made under, as there are differing qualifying periods within which claims can be made.

Personal Injury Claims

Personal injury means injury of a physical or mental nature, including shock or psychological disturbance, which is directly attributable to the crime of violence. This can include the psychological damage to a child who has witnessed such a crime against a parent or carer.

Generally applications will only be considered within 2 years of the incident which caused the injury. 

Applications may be accepted outside this 2 year period only if, because of the particular circumstances of the case, it is reasonable and in the interests of justice to do so.

It is not necessary to wait until someone has been convicted of the offence before applying for compensation.

Conditions for Claims

The application forms can be filled in on line at the Criminal Injuries Compensation Authority website. Hard copies can be obtained by telephoning 0800 358 3601.

It is not necessary for the offender to have been convicted of the offence. Claims are assessed on the balance of probabilities, rather than the claimant having to prove the case beyond reasonable doubt. The Criminal Injuries Compensation Board will however, consider whether all reasonable steps have been taken to bring the offender to justice and may withhold or reduce compensation if this is not the case. This could include a situation where they feel that the victim has not fully cooperated with attempts to prosecute the offender.

There are further conditions if the victim and offender were living in the same household as members of the same family at the time of the offence.  These are:

• That the offender has been prosecuted, or there are practical, technical or other good reasons why the prosecution has not been brought, and
• In the case of violence between adults, that the applicant and the offender stopped living in the same household before the applications and are unlikely to do so again.  This does not apply if the victim was a child, but in this case the Criminal Injuries Compensation Authority will take particular care in satisfying itself that the offender will not benefit from any award and that making an award will not act against the child's interests.

2. Process

Making a Claim

A decision as to whether or not to apply for compensation should ideally be made at the Child Protection Conference which establishes that the abuse has taken place. If the outcome of the Section 47 Enquiry is not to hold an Initial Child Protection Conference the decision to make an application to the Criminal Injuries Board should be discussed as part of the outcome of the enquiry discussion and decision making and recorded accordingly.  Where a child is looked after by the local authority then the Independent Reviewing Officer should ensure that due consideration has been given to making an application for criminal injuries compensation at the 28 day statutory review and to record the outcome of the decision whether to apply or not.  The Independent Reviewing Officer will then monitor the progress of the claim through the statutory reviewing process.

The claim should wherever appropriate be made by the parent and the Social Worker should offer assistance to the parent to do this. Children who are able to understand the purpose of the application should be fully consulted and involved in the process.

Where a decision is taken to not apply the matter should be re-assessed at subsequent Reviews and within the line management of the case. Where circumstances change, for example new more compelling evidence emerges, then a subsequent application should be considered, subject to the timescales outlined above.

Where the application is to be made by the Directorate it should include a Social Worker Report which gives a general history paying particular attention to the circumstances relevant to the injury.  The following should be included:

• The child's name and date of birth
• Family details and relationships
• A brief family history
• A brief history of the child to date
• The child's present circumstances
• The child's circumstances at the time of the injury
• The action taken
• Whether or not prosecution took place and if not, why not
• The dates and places of any medical examinations, psychological or psychiatric assessments, education reports and any other relevant reports.  Indicate which of these are to be enclosed with the application
• A pen picture of the child at the present time
• If appropriate, the child's view of the injury.  This child may wish to write about this him/herself
• The Parents' and Carers' view of the injury
• An estimate of the present and future effect of the injury on the child in terms of his/her physical, emotional and psychological state, relationships, health, mobility etc
• Future plans, including the prospect of the child being re-united with the offender
• Any other relevant information

Where the claim is being made following an incident of abuse, Children's Services are responsible for making an application. However the assistance of the other agencies involved in any investigation is expected.

In cases of child abuse within the family the Criminal Injuries Board will require a full explanation on the child's behalf. The Board will need to be satisfied that it would not be against the child's interests to make an award and also that the offender will not benefit (as could happen if the child and offender remain in the same household or maintain a close relationship).

The application should not contain copies of Child Protection Conference minutes or reports. Where the local authority's Legal Advisers have been involved, they should be asked for written information in support of the claim.

The application form when completed should be signed by the parent, as the applicant on behalf of the child. Where the application is being made by the Directorate, the form when complete should be forwarded to the Head of Service for signature. 

The form should then be sent to the Criminal Injuries Compensation Board and a copy retained on the child's file.

Accepting an Award

The Criminal Injuries Compensation Authority has since 2008 held all awards in trust for children and young people.  Compensation is usually awarded as a lump sum payment but interim awards can be made when there is a pressing need or where the prognosis is uncertain. The Board's decision will be communicated to the person or Authority who made the application on the child's behalf

In the case of Looked After Children, the Team Manager in consultation with the Head of Regulated Services and the local authority's legal advisers, should agree whether to accept the award and, if accepted, how to administer the award. If it is decided not to accept the offer the Local Authority has a right to appeal on behalf of the child. Any appeal must be made within three months and will be heard by Tribunal. The Social Worker, in liaison with the local authority's legal advisers should present the case.

Administering an Award

The Criminal Injuries Compensation Authority has since 2008 held all awards in trust for children and young people. 

In the case of Looked After Children who appeal against a decision not to grant Criminal Injuries Compensation, consideration must be given to the purchase of independent legal representation for the appeal hearing. 

If a child is in care, the Local Authority will be responsible to maintain contact with the Criminal Injuries Compensation Authority regarding the Child or Young persons contact details.

Any awards that were made prior to 2008 the Local Authority is responsible for the investment and administration of the award and the Head of Regulated Services and the Director as the Child's trustee need to be contacted with regard to any payments or changes of circumstances for the young person.

The award should not be used for the child's day to day requirements or to meet expenses normally met by the Directorate, and the use of the award should be agreed by the Director as the Child's trustee.

If the Care Order is revoked before the child's 18th birthday the Board must be consulted before trusteeship is altered and any proposed changes of trusteeship will need to satisfy the Board that the perpetrator will not benefit from the award. Any Report to Court seeking revocation of a Care Order before a child's 18th birthday must refer to any Award which has been made.

End