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Contents

1. Basic Principles
2. General Procedures
3. Specific Procedures
4. Supporting Documents
5. The CICA's Response
6. Financial Arrangements

1. Basic Principles

Any child with whom the Department is involved who is considered to be the victim of a crime of violence should be regarded as potentially entitled to compensation.

Under the Criminal Injuries Compensation Scheme (2008), compensation is available for the victims of crimes of violence (including sexual offences, arson or acts of poisoning), where injury has occurred in the United Kingdom on or after 1st August 1964. Provided it is directly attributable to the crime of violence, “injury” can include not only physical harm but mental harm, shock or psychological harm but must be sufficiently serious to attract the minimum award of £1,000 compensation. Compensation is awarded for a single injury by comparing it to the relevant description on a tariff of injuries set out in the CICA scheme. It may be possible to submit more than one application if the child has suffered injury on separate occasions or injury has been caused by different perpetrators. Alternatively it may be appropriate to make a single claim for a series of injuries.  If the child has suffered multiple injuries &/ injury on different dates or there has been more than one perpetrator legal advice should be sought on how best to submit the application.  Compensation can be claimed not only for the injury itself but also for any loss of earnings or special expenses. Legal advice should be sought if there is any doubt about what can be claimed.  Claims for compensation can be made on behalf of children by anyone with parental responsibility for them. Where a child is subject to a care order the Local Authority has a duty to consider pursuing a claim on behalf of that child and should do so in  appropriate cases. Where a child is Accommodated under Section 20 Children Act 1989 or where a child is provided with services under s17 of the Children Act 1989 the Local Authority has a responsibility to advise on the availability of any claim and provide support for an application to be made by either the competent child or someone who has parental responsibility for the child. This would involve advising the proposed applicant to seek independent legal advice. If those with parental responsibility for a child who is not competent to pursue his/her own application, refuse to pursue an application on behalf of the child the Local Authority has a discretion to initiate a claim on the child’s behalf with the consent of the person with parental responsibility, or to advise and support the child to pursue a claim when he/she is competent to do so.

Any claim for compensation must be made within 2 years of the date of the incident giving rise to the injury though in certain exceptional circumstances this time limit can be extended.  This should not however be relied upon.

 Any decision not to initiate or pursue a claim for a child considered to be the victim of a crime of violence for whom the Authority holds parental and legal responsibility should be discussed with legal and approved by the Principal Care Manager. Any such decision and the reasons for the decision should be recorded on the case file.

2. General Procedures

All staff of the Department must bring any child who may be eligible under this Scheme to the attention of the case holder.

The case holder should follow the specific procedures below.

3. Specific Procedures

Children/Young People not Looked After

1. Social Services staff should inform parents or those with parental responsibility for children/young people of the Criminal Injuries Compensation Scheme, where they have information to suggest that a child/young person meets the criteria of the Scheme.  Similarly staff should inform young people  who may meet the criteria of the scheme and are now over the age of 18 years or under 18 and competent to make an application independently;
2. When information concerning the Scheme is given, the applicant should be supported to seek their own legal advice;
3. When advice/information about the Scheme is given this should be noted on the appropriate case record.

Children Looked after Under Section 20 of the Children Act

1. Where staff believe that an application should be made to the Criminal Injuries Compensation Authority, the parent(s) or the competent child should be informed about the Scheme and how they can initiate an application and/or obtain legal advice about the Scheme;
2. Staff should bear in mind and discuss with the protective/custodial parent(s) the implications of making an application (for a child) where the person responsible for the injuries is still resident within the household;
3. Where parents refuse to make an application on behalf of their child or are not in a position to do so, and the child is not competent to do so, the Social Worker involved should consider making an application on behalf of the child/young person. Legal advice should be sought and a decision made by the Service Manager;
4. Any advice given or decision made should be noted on the child’s case record.
   

Children/Young People for Whom Bradford Council has Legal Parental Responsibility

1. At the conclusion of public law proceedings relating to a child who has suffered an injury as a result of a crime of violence Legal Services will send a letter to the Case Holder for that child alerting him/her to the need to consider a claim for compensation under the CICA scheme;
2. The Case Holder should consider the criteria  and discuss with their Senior Care Manager/ Team Manager  the appropriateness of making an application. A decision not to pursue an application in respect of a child who meets the criteria must be discussed with Legal Services and agreed by the Service Manager. The decision and reasons for it should be recorded on the child’s case record;
3. Legal Advice must be obtained prior to completing the application;
4. An application form should be completed by the Case Holder following consultation with relevant parties as advised by Legal. The Case Holder signs the application form. ( CICA will have to be informed if the Case Holder changes otherwise the offer/acceptance forms will be made out by CICA in the name of the Person who signed the application);
5. The child must sign the CICA application form if aged 12 or over. Younger children may sign if they are competent to do so and understand and agree to the process;
6. disclosure of information or documentation to CICA in support of any application for compensation should be discussed with legal as in some cases the permission of the Court may be required before disclosure.

If following submission of a CICA application the Local Authority loses parental responsibility for the child, the person with parental responsibility will then be responsible for pursuing the CICA application e.g. if the child is adopted, the adopters will have to take on and pursue any CICA application, seeking their own legal advice if necessary.

Wards of Court

In all instances where the child is a Ward, legal advice must be sought before any action is taken.

Where the child is a ward, an application to the High Court for leave to apply to the CICA must be made and permission to disclose to the CICA any relevant information on the child. The child’s Guardian ad Litem and/or the Official Solicitor or the person with care and control of the child may apply.

4. Supporting Documents

CICA application forms and guidance should be available in CSC offices but can also be downloaded from the CICA website.

4.1	The following are a list of documents that should be submitted together with the application forms required by CICA : Full Birth Certificate; Copy of Court Orders to establish parental responsibility; Other documents as advised by Legal or requested by CICA.

5. The CICA's Response

5.1	The CICA may seek further information from the Department or may indicate the amount of compensation it is proposing to award or may notify the Department of an interim/initial award.
5.2	All replies to the  CICA should be discussed with legal and authorised by the relevant Senior Care Manager/Team Manager.
5.3	An offer (interim, initial or final) by the CICA must be discussed with Legal and the Carer. If appropriate the child should be consulted.
5.4	Any acceptance of an offer or application for a review should be signed by the signatories to the application and the child if over 12 years old and competent to do so.  If not accepted within 90 days the offer can be withdrawn.
5.5	If the offer is not considered sufficient CICA can be asked to review the offer.  It should be noted that in reviewing an offer of an award CICA can either confirm, increase or REDUCE the offer. Therefore, careful consideration has to be given before deciding to pursue an application for a review. Legal advice should be obtained.
5.6	A request for a review of an offer must be submitted in writing incorporating any additional evidence or supporting documentation within 90 days of the date of the offer letter. Any discussions or consultation over the merits of a review application must allow sufficient time for the application to be prepared in full and submitted within the 90 day period. A request can be made within the 90 day period for an extension of time to that 90 day period but this should be avoided if possible.
5.7	A revised offer following a Review must also be discussed with Legal, the carer and if appropriate the child. If a reviewed offer is not considered acceptable an appeal to a Tribunal (first tier) should be lodged. This must be done within 90 days of the date of the review decision letter. An extension of the 90 day period can be obtained if application for the extension is accepted within the initial 90 day period, but this should not be relied upon. The decision to appeal must be made carefully as the Tribunal has the power to not only confirm or increase an award but also to REDUCE an award.
5.8	Legal will advise on Review and Tribunal procedures and processes.

6. Financial Arrangements

6.1	Paragraph. 45 (1) of 2008 CICA scheme which applies to all applications received by CICA after 3rd November 2008 (similar provision in the older schemes) states that any compensation (such as that for loss of earnings, earning capacity, special expenses) payable by CICA other than the tariff based compensation will be reduced to take account of any social security benefits or insurance payments made by way of compensation i.e. no double recovery. The implication being that the tariff based award cannot be so reduced.
6.2	Since 2009 CICA generally holds all accepted awards made to children in an interest bearing account identified by the child’s name and operated by CICA until the child becomes 18, at which point the competent child/adult will have full access to their award and any interest it has earned and a cheque is issued payable to them. CICA should write to the Authority in advance of the young persons 18th birthday setting out the process for release of the award.
6.3	Prior to the child/young person becoming 18 requests can be made for advance payments by writing to the CICA Retained Awards Section. These payments are at CICA’s discretion and will generally be made if they are to be used solely for the child’s advancement, education or long term benefit. e.g. educational trips, CICA in making an award will state the circumstances under which advance payments can be made.
6.4	Trusts. It may be in the best interests of a young person to set up a Trust prior to the young person becoming 18. This may be because of concerns about the young persons vulnerability or because eligibility for state benefits may be adversely affected  resulting in a situation whereby the young person receives little or no added value from the award. The allocated worker must have a discussion with the young person prior to their 17th birthday regarding the appropriateness of investing /safeguarding their award in a Trust when they are 18. An appropriately qualified solicitor needs to be asked to set up a Trust and the CICA must be approached regarding the release of funds to meet the cost of setting up a Trust if that is to be done prior to the young persons 18th birthday.

End