Bolt Burdon Kemp fights to keep CICA compensation available to victims of child abuse
July 19, 2011
Posted by:David McClenaghan
In the UK we are fortunate to have the benefit of the Criminal Injuries Compensation Authority (the CICA). This is a government funded scheme which exists to provide compensation to victims of violent crime, who are unable to obtain compensation directly from the perpetrator of the crime. Often this is because the perpetrator of the crime does not have sufficient money or assets to make them worthwhile pursuing in a civil claim.
Historically the CICA scheme has been particularly beneficial to victims of childhood sexual abuse, as it allows such victims to secure compensation for their ordeals which they can then use to obtain the treatment and help they need to allow them to deal with the traumas from their past.
It seems now however, that the CICA is seeking to deny compensation to victims of childhood sexual abuse.
Under the rules of the CICA scheme, an application for compensation must be received by the CICA within two years of the criminal incident. If an application is not received within two years however, the CICA can still make an award of compensation to the victim if it is practicable for an application to be considered and it would not have been reasonable to expect the victim to have made their application within two years of the incident.
Historically, the CICA had almost always accepted that it is not reasonable to expect victims of childhood sexual abuse to have made their applications within two years of the incident as by the time the two year period expires, most victims are still children.
Now however, the CICA are rejecting applications from these victims, stating that their applications should have been made earlier.
I am sorry to say that I have received an influx of instructions from victims of childhood sexual abuse whose applications to the CICA have been rejected for this reason. I am pleased however to report that Bolt Burdon Kemp are taking up the mantle of challenging the CICA on this point to ensure that compensation remains available to some of the most vulnerable victims of violent crime.