Criminal Injuries Compensation Authority Claims for Cared For Children

A child/young person is eligible for an award under this Scheme only if:

1. that person was ordinarily resident in the United Kingdom on the date of the incident giving rise to the criminal injury;
2. one of the conditions in paragraph 11 was satisfied in relation to them on the date of the incident giving rise to the criminal injury; or 
3. one of the conditions in paragraph 13 is satisfied in relation to them on the date of their application under this Scheme.

The conditions referred to in paragraph 11 are that the person was: 

1. a British citizen;
2. a close relative of a British citizen;
3. a national of a member state of the European Union or the European Economic Area; 
4. a person who had a right to be in the United Kingdom by virtue of being a family member of a national of a member state of the European Union or the European Economic Area;
5. a national of a State party to the Council of Europe Convention on the Compensation of Victims of Violent Crimes (CETS No. 116, 1983);
6. a member of the armed forces; or
7. an accompanying close relative of a member of the armed forces.

The conditions referred to in paragraph 13 are that the person has:

1. been referred to a competent authority as a potential victim of trafficking in human beings; or
2. made an application for asylum under Immigration Rules made under section 3(2) of the Immigration Act 1971.

The Scheme can consider claims for the following:

• mental or physical injury following a crime of violence;
• sexual or physical abuse;
• loss of earnings - where there is no or limited capacity to work as the direct result of a criminal injury;
• special expenses payments - these cover certain costs that may have incurred as a direct result of an incident;
• a fatality caused by a crime of violence including bereavement payments, payments for loss of parental services and financial dependency, and funeral payments.

Not all claims for compensation will be successful; the applicant must be eligible under the rules of the Scheme.

A 'crime of violence' may include:

• A physical attack;
• Any other act or omission of a violent nature which causes physical injury to a person;
• A threat against a person, causing fear of immediate violence in circumstances which would cause a person of reasonable firmness to be put in such fear;
• A sexual assault to which a person did not in fact consent; or
• Arson or fire-raising.

The types of payment which may be made under this Scheme are:

• Injury payments;
• Loss of earnings payments;
• Special expenses payments;
• Bereavement payments;
• Child's payments;
• Dependency payments;
• Funeral payments;
• Certain other payments in fatal cases.

Criminal Injuries Compensation Guide

Claiming Criminal Injuries Compensation

Criminal Injuries Compensation Scheme 2012 (amended) - GOV.UK

Step One - Assessing the Viability of a CICA Application

Social workers should always consider the viability of making a CICA application for children becoming cared for (via the Legal Planning Meeting and Public Law Outline pre-proceedings process), and on a regular basis for children who are already cared for (Statutory Reviews).  To submit an application, an incident/offence will need to have been reported to the police and a crime reference number allocated.  The incident or offence does not need to progress to court and/or does not need to result in a conviction to become a viable CICA application.

To assess the circumstances of the incident/offence and the viability of submitting a CICA application on behalf of the child (or sibling group), the social worker should attend the CICA Surgery that forms part of the monthly Financial Planning Panel (Cared For Children and Care Experienced Young People) attached to the Homes for Children and Resources Panel.

This will provide an opportunity for the social worker to discuss the nature of the incident/offence with the Legal Services Representative and Panel Members who will assess the viability and merits of the case, how to proceed and what information to include in the application.

Step Two - Gathering Evidence and Setting Up a CICA Account

Following advice and guidance from the Financial Planning Panel (Cared For Children and Care Experienced Young People) and the Legal Representative, the social worker should obtain relevant information (reports, photographic material and other evidence and information to support the application).  The social worker should also consider if there is any other information/supporting evidence available from external bodies.

Social workers/personal advisers should set up a CICA account on the CICA portal page (see link below).  Social workers/personal advisers will be required to set up a password to enter their CICA Account and once set up, will be able to work on, save, submit and retrieve applications (draft applications are deleted after 28 days of inactivity).  All applications must be submitted online and saved in the social workers/ personal advisers CICA account and in the child/young person's LCS electronic case record.

Claim compensation if you were the victim of a violent crime - GOV.UK

Claim compensation if you were the victim of a violent crime

Step Three - Making a CICA Application

Social workers/personal advisers should be aware that the number of words allowable on a CICA application are limited, as such the application should act as a resume of the circumstances of the application and should set out any additional information that will be submitted (how it will be submitted, when and what type of information).  The on-line application form has a number of drop-down box options and menus.  When selecting options for the information and evidence to be considered, please select the box that indicates that evidence from the police and all other sources should be considered, i.e., medical, therapeutic and any supporting information.  In all cases, the application should set out that information and evidence from all agencies, authorities and sources should be taken into account.  In any situation where a question arises that the social worker/personal adviser is unclear about, the application should be saved in the CICA account and the Financial Planning Panel (Cared For Children and Care Experienced Young People) Legal Representative consulted.

Social workers/personal advisers should highlight in the application that all evidence and information should be used when considering the merits of the claim and highlight the type of information available:

• Police information and evidence;
• Photographic evidence;
• Reports from health (GP, CAMHS, reports from any therapeutic services or specialist consultants etc.);
• Reports, supporting information and contextual background from whatever source (placement, education, family court etc.).

Social workers/personal advisers should focus on the short, medium, and long-term impact of any physical or health difficulties caused by, or attributed to the incident(s)/offence(s) and also the short, medium and longer term impact on the child, young person's emotional health, well-being, attachments and functioning etc.

A copy of the draft application and proposed attachments should be saved in the child/young person's child/young person's LCS electronic case record and sent to the Financial Planning Panel (Cared For Children and Care Experienced Young People) and Legal Representative for checking.

Once the application has been finalised, a copy of the final and submitted version and attachments should be saved in the child/young person's electronic case record.

Step Four - The CICA Offer and Review Process

Following consideration of the application and supporting information/evidence, the CICA will make an award offer or reject the application. Once an award has been offered or rejected, a period of 56 days will usually be given to accept the award offer or request a review of the level of the award or request a review of the decision to reject the application. In all situations the letter setting out the level of the offer/award, or the rejection letter should be forwarded to the Financial Planning Panel (Cared For Children and Care Experienced Young People) and Legal Representative for immediate consideration.

The Financial Planning Panel (Cared For Children and Care Experienced Young People) and the Legal Representative will make the recommendation to accept the level of the offer, or request a review of the offer amount, or in exceptional circumstances apply for an extension of the time to request a review.  The decision will be undertaken with reference to the CICA tariff, the original application and any supporting information and the circumstances of the incident/offence.

In circumstances where an application has been rejected, the Financial Planning Panel (Cared For Children and Care Experienced Young People) and the Legal Representative will consider the response and viability of requesting a review of the decision to reject the award and the basis for a successful reversal of the rejection based on the information available for a successful review.

It is essential that the response to the CICA offer letter is made within the deadline timescale provided on the award letter; if the deadline is missed, it may result in the award being withdrawn.