Making a CICA Claim for Physical or Sexual Abuse

Who is Entitled to Compensation?

A person can be awarded compensation under the scheme if they meet the following criteria:

• They sustained their injuries on or after 1st August 1964
• The incident happened in Great Britain (The Scheme excludes Northern Ireland as they have their own schemes)
• The crime has been reported to the police and the victim has cooperated with the police as far as reasonably practicable.
• An application must be made as soon as possible and within 2 years of the incident

Where the abuse occurred when the person is under 18 and it is reported to the police after their 18th Birthday then the application should be made within 2 years after the date of the first report to the police.

An award can be made to the victim for either the acts of the sexual/physical abuse or a psychological injury

How to Apply for Compensation

The Criminal Injuries Scheme is a scheme administered by the Criminal Injuries Compensation Authority (CICA) designed to compensate blameless victims of a crime of violence (including abuse).

The CICA will ask whether you have looked into claiming compensation from the person who injured you or their employer if appropriate, and pursued it if there was a likelihood of success. A person may be required to provide information to the CICA that they have attempted to obtain a payment from other sources such as insurance payments and made an application for benefits. There is no need, however, to await the outcome of other claims before you apply. We can, of course, also help you to claim compensation through the civil courts. We will always lay out all of your options and discuss with you which one will be most suited to your case. The application is made online via the Criminal Injuries Compensation Authority website.

When you complete your claim online, you will need to provide some details of the incident. You will need to know the date of the crime and where it happened. You will also need to provide the name of the police force that you reported it to, along with your crime reference number.

Additionally, you will also need to give the name and address of your registered GP, any unspent criminal convictions, and details of any applications that you may have made to the CICA in the past.

Compensation for a Psychological Injury

In order for you to claim compensation for psychological injuries, it must be something that has a significant impact on your day-to-day life, such as your school, work, or relationships. You must also obtain a diagnosis from a qualified psychologist for your application.

Loss of Earnings Compensation

 You may also be able to claim forloss of earnings, if you are unable to work as a result of your injuries.

If you are awarded any compensation due to loss of earnings, this will not cover the first 28 weeks.

The Next Steps

Once you have submitted your claim to the Criminal Injuries Compensation Authority, you will be given a reference number. You must provide this reference number any time that you contact the CICA.

As your claim is processed, it will take into consideration all the information that you provided on your application, the details and evidence that you gave to the police, any medical evidence that was requested, and your criminal record, as they may refuse your application if you have any unspent convictions.

If the CICA need anything further from you to help support your claim, they will contact you. If they don’t require any additional information, you will hear from them when they have made a decision on your claim.

Providing Medical Evidence

In some cases, medical evidence may be required to support the claim that is being made. If this is requested, you may need to pay towards this, up to a maximum of £50. You may also need to have an assessment done by an expert that is appointed by the CICA, depending on the injuries that have been sustained.

What if my Abuser wasn’t convicted?

If you’ve reported physical or sexual abuse to the police but this did not result in conviction, you may still be eligible for an award under the Criminal Injuries Scheme. While this might not be the same as seeing your abuser being punished for their actions, it does amount to some acknowledgement from the State of what you’ve been through.

The CICA will make enquiries of the police and ask them what steps you have taken to report the crime and if you have co-operated.

For more information see Criminal Injury Compensation Claims.

Time Limit for Applying to CICA

If you were an adult when the incident of abuse occurred, the application should be made as soon as possible and within 2 years of the incident.

If you were under 18 when the incident of child abuse occurred, and it was reported to the police before your 18th birthday, you have until your 20th Birthday (2 years from becoming an adult) to make your claim.

If it was reported to the police after your 18th Birthday then the application should be made within 2 years of the first report to the police. You will only qualify if the evidence means your claim can be determined without further extensive enquiries. However, if an application is made close to the time of the incident, it will be easier to provide evidence of the crime.

The time limit for making an abuse claim can only be extended if there are exceptional circumstances that meant an application couldn’t have been made earlier, and if the supporting evidence means it can be determined without a CICA claims officer carrying out extensive enquiries. The Criminal Injuries Compensation Authority will sometimes want to see medical evidence to support any argument.