3.15.4 Criminal Injuries Compensation |
Contents
1. Making a Claim
Claims for criminal injuries compensation should be made on behalf of a 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 and the local authority shares Parental Responsibility for the child.
NB Failure to make a claim or to make a claim on time may result in a negligence claim against the Council.
Generally, the borough’s Legal Services will make the claim on behalf of the child. However, where there is a potential conflict of interests, for example where the child has been abused by another Looked After Child or by a foster carer, the local authority should arrange separate legal representation for the child.
When a claim is appropriate, the child's social worker must complete a report in support of the claim and send it, together with a certified copy of the child’s birth certificate, to Legal Services so that the application form can be submitted to the CICA.
The social worker should discuss the possibility of a claim with Legal Services at a Legal Planning Meeting and/or with the child’s solicitor during any court proceedings, 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, then the local authority does not have the right to make a claim on behalf of the child. In these cases, the child’s 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.
2. Informing the Child
Criminal injuries compensation will be discussed with the child (depending on age and understanding) at the child’s Looked After Review.
The child’s 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 child's 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 money will be held for the child in interest accruing accounts until the child is 18 or the Care Order is discharged, whichever is sooner. This will be arranged by the Finance Department.
There are possible implications of receiving such an award, for example it may affect the child’s future 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 last two years, who has been physically or psychologically injured to an extent prescribed by the scheme, 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 it is 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 was very young 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 the court in 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.
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 Criminal Injuries Compensation Authority website
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