Criminal injuries

Where the victim was under the age of 18 at the time of the incident, and it is reported to the Police before their 18th birthday, an application for compensation can be made until the victim turns 20. Where the victim was under the age of 18 at the time of the incident but it was not reported to the Police before their 18th birthday, an application for compensation can be made up to two years from the first report to the Police. Applications from adults should be made within two years from the date of the crime.

These time limits can only be extended in exceptional circumstances. The Criminal Injuries Compensation Authority (CICA) does not need to wait for the outcome of a criminal trial if there is already enough information to make a decision on a case, so applications should be made without delay for this reason. Decisions are made on ‘a balance of probabilities ’.

Consideration as to whether or not the Criminal Injuries Compensation Scheme may apply should be a standing item at all initial and review Child Protection Planning Meetings (or Looked After Reviews if appropriate). It is the responsibility of the Chair of the review to ensure that reasons are recorded within the record of the meeting as to why the decision was reached whether to proceed or not to proceed with the application.

It is crucial that scrutiny is given to the above as the local authority can be held liable if it fails to make a claim. Action may also be taken against the local authority if it accepts an inadequate offer of compensation on behalf of a child Children and young people who have been abused in residential care are also entitled to claim compensation.