By Stephen Burke. Last Updated 22nd February 2024. In this guide, we will discuss when a child abuse compensation claim could be made through the Criminal Injury Compensation Authority (CICA). The CICA awards compensation to those who have been injured in a crime of violence.
Within this guide, we will explain the eligibility criteria that must be met to be able to make a claim for child abuse compensation through the CICA. We will also discuss the different types of abuse that could be claimed for, and the different forms of compensation that could be awarded should a claim be successful. This guide will also explore some of the benefits of making a criminal injury claim with the help of one of our No Win No Fee solicitors.
If, after finishing this guide, you have any specific questions or would like to receive some free advice, you can contact our friendly advisory team. They can be reached via:
- Calling 0800 073 8801
- Using our live chat.
- Contacting us online.
Select a Section
- What is child abuse?
- What Is Historical Abuse And Can I Claim?
- How Long Do I Have To Claim Child Abuse Compensation?
- Evidence For Making A Child Abuse Claim
- What can be claimed for in a child abuse claim?
- Child Abuse Compensation Payouts From The CICA
- Child Abuse Solicitors – No Win No Fee Abuse Claims
What is child abuse?
The definition of child abuse is an action coming from another person, that causes harm that is significant to a child. The action can come from either another child or an adult and can be physical, emotional or sexual but it can also be the lack of attention, care and love that a child should have as normal.
Withholding love or affection from a child or neglecting them can be extremely damaging and have similar consequences to the child’s emotional well-being and mental health as other, more physical forms of abuse. It is said by the NSPCC that in most cases, a child who has been abused in one form often experiences more than one type of abuse, which can lead to other struggles in their life as they try to cope with the after-effects of the abuse.
What Is Historical Abuse And Can I Claim?
Historical abuse, sometimes referred to as non-recent abuse, is when an adult was abused as a minor.
A criminal injury claim for historic abuse could be made through the Criminal Injury Compensation Authority (CICA) if there is no other avenue available.
The Criminal Injury Compensation Authority awards compensation to those who have been criminally injured. However, to be able to make a claim through the CICA, you will need to meet the following criteria:
- You must have suffered injuries in a crime of violence as defined by the CICA. Sexual abuse and assault are some examples that are defined as a crime of violence.
- The crime needed to have taken place in Great Britain or another relevant place, such as a ship registered in one of these countries.
- You must start your claim within the CICA’s time limits (this is generally 2 years. However, there are exceptions, especially in cases of historical abuse).
If you have any questions about historical abuse claims being made through the CICA, call our advisors. They could also offer you free advice for your criminal injury claim.
How Long Do I Have To Claim Child Abuse Compensation?
If you are eligible to claim child abuse compensation, you might be concerned about how long you would have to make a claim.
The CICA criminal injury claims time limit is usually 2 years from the incident date.
However, for historical abuse claims, it could be possible to make an exception to the time limit for your claim. It has been recognised that there may be reasons why abuse is not reported when it happens. Courts and the CICA could take this into account when processing your claim.
To ask whether you could make a historic abuse claim, please contact an advisor.
Evidence For Making A Child Abuse Claim
If you are eligible to claim abuse compensation via the CICA, you will need evidence to support your claim. For all claims made through the CICA, such as abuse claims, you will need to provide the following evidence:
- A police reference number. This proves that the incident was reported to the police. The CICA will also be able to liaise with them for any further information they need regarding the incident for your claim.
- Proof that you meet the residency requirements.
- Medical evidence of the criminal injuries you have suffered and are claiming for.
To discuss your abuse claim and receive free advice on making a claim through the CICA, you can contact a member of our advisory team.
Child Abuse Compensation Payouts From The CICA
If you successfully claim abuse compensation from the CICA, you will be compensated for your criminal injuries and the pain and suffering they have caused you.
Your injuries will be valued in accordance with the tariff found within the Criminal Injuries Compensation Scheme 2012. These are fixed amounts, and we have included some examples of these in the table below. However, it should be noted that the first entry does not feature within this tariff.
| Compensation Type | Average Compensation Bracket | Notes |
|---|---|---|
| Multiple serious injuries plus financial losses | Up to £500,000 | If you have suffered multiple injuries, and are eligible to claim for sustained financial losses, including loss of income. |
| Non-Consensual Penile Penetration of Children | £44,000 | Resulting in a severe mental illness and serious internal injuries. |
| Non-Consensual Penile Penetration of Children | £13,500 | One incident. |
| Sexual Abuse of Children | £22,000 | A pattern of frequent incidents that lead to a permanently disabling moderate mental illness. |
| Sexual Abuse of Children | £3,300 | One incident of non-penile penetrative acts. |
| Sexual Abuse of Children | £2,000 | Serious – Frequent non-penetrative sexual acts under clothing. |
| Physical Abuse of Children | £13,500 | Severe abuse – A pattern of repetitive violence that results in multiple severe injuries. |
| Physical Abuse of Children | £8,200 | Severe abuse – A pattern of repetitive violence that results in multiple significantinjuries. |
| Physical Abuse of Children | £5,500 | Severe abuse – A pattern of repetitive violence that results in multiple moderate injuries. |
| Physical Abuse of Children | £2,000 | Serious abuse – physical assaults that are intermittent and result in healed wounds such as burns. |
If you have suffered multiple injuries, your abuse claim would be subject to a multiple injury formula, which means you would receive 100% of the tariff amount for the most highly valued injury, with the second and third highest compensated at 30% and 15% of the tariff value respectively. The CICA only allows you to claim compensation for a maximum of three injuries.
Special Expenses
Furthermore, it is possible for some abuse claims, compensation may be awarded for special expenses. Under special expenses, you could receive:
- Equipment you rely on as a physical aid that was lost or damaged in the incident.
- Home adaptations needed to cope with your injuries, such as a stairlift.
- Equipment needed to cope with your injuries, such as a specially adapted car.
You will need to demonstrate that these costs were necessary, reasonable and directly related to your injuries. They also cannot be available for free anywhere else.
Contact our advisors today to discuss your case and receive free advice.
Child Abuse Solicitors – No Win No Fee Abuse Claims
If you have valid grounds to make a historical child abuse compensation claim or a child abuse claim on behalf of your child, then you can choose to contact us about potentially getting support from a No Win No Fee solicitor on our panel.
Our experienced panel of solicitors can support these types of claims under a Conditional Fee Agreement (CFA). One benefit of such an agreement is that you won’t need to pay your solicitor for their services before your claim starts or while it is being processed. Also, if your claim fails, you still don’t need to pay your solicitor for their services.
If your claim succeeds, then your solicitor will take a small percentage of the compensation as their success fee. There is a legal cap in place that limits the maximum this percentage can be. To learn more about working with a No Win No Fee solicitor or how a CFA works, you are welcome to contact our advisors for free. To speak to our team, you can:
- Call us on 0800 073 8801
- Use our online start claim form.
- Or you can send us a message using our 24/7 live chat.
Useful Links Relating To ‘I was raped by my foster parents can I claim’
- Gov.UK – Abuse report
- Rape Crisis – England and Wales – Rape Crisis
- Gov.UK – Reporting an assault or rape
- NHS – Domestic Violence and Abuse
How Much Compensation Can I Claim For Rape?
This page can give a rough estimate of how much compensation your claim may be worth. Calculate the amounts of compensation you could claim.
A Guide to Claiming Compensation for Historical Sexual Abuse
If you’d like to read more into claiming, see our guide on historical sexual abuse.
Sexual Abuse Compensation Calculator
Calculating sexual abuse compensation can be tricky, but this guide could help you. It could also answer the question of ‘I was raped by my foster parents can I claim?’
