Criminal Injuries Compensation
What is the Criminal Injuries Compensation Authority?
- The Criminal Injuries Compensation Authority (CICA) was setup in 1964 to administer the Criminal Injuries Compensation Scheme which is funded by the government to compensate blameless victims of violent crime in Great Britain.
- The rules of the scheme and the value of the payments are set by Parliament and calculated by a tariff of injuries.
- The size of the award varies to reflect the seriousness of the injury, with the minimum being £1000 and the maximum £500,000.
- The CICA handle up to 40,000 applications for compensation each year, paying out up to £200 million to victims.
Who can get Compensation?
The scheme is available to any person living in England, Scotland and Wales who has been the victim of a crime of violence:
a. Physical assault/abuse (with injuries)
b. Sexual assault/abuse
c. Where a child has experienced the death of a parent as a result of a crime of violence
d. Witnessing Domestic Violence (documented by the police and with very strong medical evidence of mental trauma as a direct result of witnessing these incidents i.e. clinical psychologist/psychiatric assessments)
What has it got to do with me?
- It is the duty of a local authority to safeguard and promote the welfare of children in its care.
- Kent County Council employs two dedicated Criminal Injuries Compensation Co-ordinators (CICC) to make applications for children in its care. If you believe that a child may be eligible please contact:
Denise Andrews - East Kent and Dover
Judy Molyneux - North, West and South Kent
- The timescale within which the CICA will accept a claim from the date of an incident is normally 2 years however this time limit may be waived if we can provide an acceptable explanation for the delay. It is therefore vital for case workers to make a referral at the earliest opportunity.
Note: Whilst the priority of the Criminal Injuries Compensation Co-ordinators is to make applications on behalf of those children in care to KCC, applications may also be accepted where a child is accommodated or on the child protection register depending on workload at the time.
What happens next?
The CICCs will gather evidence in order to make an application and seek relevant permissions to share documents with the CICA:
a. Police - details of the conviction and sentence, crime reports, interview transcripts, diary entries and copies of incident reports.
b. Medical - GP details, physical examination reports, psychiatric, psychological or paediatric reports.
c. Court - judgements and statements from specialists.
d. Social Services - chronology, social workers reports, LAC and Child Protection Conference reports, etc.
e. Proof of Parental Responsibility (i.e. copy of the care order)
f. Proof of residency (i.e. copy of the full birth certificate)
Once a decision has been made
- The CICA makes a decision on the balance of probabilities – it is not necessary for a criminal conviction to have taken place or even a perpetrator identified.
- If the decision is not acceptable then the CiCCs will apply for a review of the case where it is re-assessed by a more senior CICA case worker. If we are still not satisfied then KCC can appeal to a tribunal for review by an independent body.
Note: No payment will be made if it is felt that the perpetrator could benefit from the award. (i.e. if they live with them)
Payment of the award
- If the young person is under 18 when the award is accepted the CICA will arrange for the payment to be retained in an interest bearing account until their 18th birthday.
- Where a young person is unable to manage their financial affairs then a Trust Fund or other suitable arrangement may be setup on their behalf.
The CICA will consider advance payments from the award for the following:
a. School Trips
b. Computer & Accessories
c. Educational Needs/Extra Tuition
d. Purchase of items necessary for College course
e. Driving lessons if minor is aged 17
f. Motor car for minors aged 17 who have passed their driving test
g. First month’s rent plus the deposit for minor aged 16+ living independently
h. Purchase of baby equipment for minors who have had a baby
i. Equipment to assist minors with disabilities
Note: Awards are treated as capital. Any award of £6,000 or more will affect benefits for young people on a sliding scale up to £16,000. If the total capital is higher than £16,000 all benefits are stopped.