7.9.2 Criminal Injuries Guidance |
Contents
1. Introduction
Children who are victims of offences of violence (whether 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.
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).
2. Conditions of the Scheme
There is a minimum award and the injury must be serious enough to award this minimum 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 two year limitation period on making a claim after the incident, unless the Authority exercises its discretion to ‘allow an application out of time’ (in the case of child abuse the Authority may be sympathetic to applications no matter how long ago the incident occurred).
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 the cases of sexual offences, to ensure that offenders do not benefit from awards).
3. Conducting Claims by Children
Where the Local Authority holds Parental Responsibility SSD’s 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 his/her Team Manager.
The Local Authority has no power to make a claim on behalf of a child unless they are subject to a Care Order.
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.
If this is inappropriate e.g. because the person caused the injuries, is cohabiting with the person who did or declines to initiate the claim, SSD should consider referring the child to an appropriate agency e.g. solicitor or victim support.
A child who has been subject of a child protection conference may be eligible to apply. Advice and guidance therefore should be given to the parents of the child about criminal injuries compensation.
Where 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.
Further information about Criminal Compensation Authority and an application form can be obtained from
The Criminal Injuries Compensation Authority
Tay House
300 Bath Street
Glasgow G2 4LN
Telephone: 0800 358-3601.
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