Claims via the Criminal Injuries Compensation Authority

The fourth annual Sexual Abuse and Sexual Violence Awareness Week this year runs from the 1^st February to the 7^th February 2021, during which voices across the country are spreading the message that #ITSNOTOK.

At Ramsdens we always endeavour to raise awareness to sexual abuse and sexual violence through social media campaigns, but also by supporting and working directly with survivors to bring claims for compensation. Our Abuse team specialise in conducting claims via the Criminal Injuries Compensation Authority (CICA) for victims of sexual abuse or violence.

The Criminal Injuries Compensation Authority is a Government scheme which awards compensation to blameless victims of violent crimes, including assault, sexual violence and abuse. The CICA deal with over 30,000 claims every year, paying out more than £130 million to victims of violent crimes.

If an individual has suffered a mental injury this can also fall under the CICA’s compensation scheme. An example being historic sexual abuse where there may not have been physical injuries but there could be a long term negative psychological effect on the victim which could fall under the CICA’s scheme.

The government’s scheme sets out the criteria for compensation that the CICA can award. The CICA have the right to reduce damages for a number of reasons. One such reason is a failure to report to the Police, a crime reference number is a requirement for an application, or failing to cooperate with the Police or their investigation to bring the Offender to justice. However, it does depend on the circumstances in each case. The CICA will usually require evidence such as Hospital, GP and Police records to legitimise and strengthen the claim whilst also increasing the likelihood of receiving an award.

Any application to the CICA must be made within 2 years of the incident, or 2 years from the date the incident was reported to the Police. There are circumstances where the CICA may allow applications outside of this time scale but there must be a legitimate reason why the applicant has taken longer to apply, such as a psychological injury which as affected the victim.

Up to June 2019, there was a ‘same roof rule’, meaning that victims of violent crimes and sexual abuse were banned from receiving any compensation if the attacker was a family member with whom they were living at the time. As of June 2019 new legislation came into force which abolished this rule and now up to 7,500 victims of child abuse or domestic violence will be able to claim to bring relieve to those who had been locked out of the system. Anyone previously denied compensation under the ‘same roof rule’, or put off from making a claim because of it, are now able to make fresh applications.

At Ramsdens Solicitors, we deal with compensation claims from people who have been physically or mentally injures because they were the victim of a violent crime or sexual abuse in England, Scotland or Wales. Our Abuse team specialise in claims to the CICA and will ensure that your potential claim is maximised and the most appropriate award is received. For more information or to speak to a member of our team, contact 0113 8871 834 or email Natalie.Marrison@ramsdens.co.uk.