Claiming compensation for sexual abuse committed by another child

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Nathalie Swanwick

Senior Associate Solicitor & Team Leader, Abuse Claims

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Sexual abuse committed by another child can have a lasting impact on many areas of a person's life. Whether you experienced the abuse yourself or your child has experienced abuse, understanding the legal options available can feel overwhelming.

Many people assume that compensation is only available where the person responsible for the abuse was an adult. However, this is not the case. Depending on the circumstances, you may be able to make a claim for yourself or on behalf of your child.

Depending on the circumstances, you may be able to make a claim through the Criminal Injuries Compensation Authority (CICA), bring a civil compensation claim against an organisation that failed to protect you or your child, or, in some cases, pursue both.

Our specialist abuse claims solicitors can explain the legal options available, assess the circumstances of your case and advise on the most appropriate route to pursue.

Making a claim through the Criminal Injuries Compensation Authority

The Criminal Injuries Compensation Authority, often shortened to CICA, runs a government-funded scheme for eligible victims of violent crime in England, Scotland and Wales.

A CICA claim may be an option where the abuse amounts to a crime of violence under the Criminal Injuries Compensation Scheme. This can include sexual abuse committed by another child, even where the person responsible was also under 18.

The abuse must have been reported to the police. A criminal conviction is not always needed, but the CICA will require police evidence to confirm what was reported and how the investigation progressed.

If the survivor is under 18, a parent or someone with parental responsibility can usually make the application on the child’s behalf. This means parents do not have to wait until their child becomes an adult before seeking advice.

How to make a CICA claim

If you decide to make a claim through the Criminal Injuries Compensation Authority (CICA), there are several stages involved. While every case is different, the process will usually include:

  1. Submitting your application – The first step is completing and submitting your application to the CICA. This will include information about the abuse, when it happened and how it has affected you or your child.
  2. Gathering evidence – The CICA will obtain information from the police and may also request medical records or other evidence needed to assess the claim. In some cases, further medical evidence may be required to understand the full impact of the abuse.
  3. The CICA's decision – Once the available evidence has been considered, the CICA will decide whether the claim meets the requirements of the Criminal Injuries Compensation Scheme and, if so, whether compensation should be awarded.
  4. Requesting a review – If you disagree with the decision or believe the compensation awarded does not accurately reflect the circumstances of the case, you can ask the CICA to review its decision. A request for review must usually be made within 56 days of the decision, although the CICA may extend this time limit in some circumstances.
  5. Appealing to the Tribunal – If you remain dissatisfied after the review, you may be able to appeal to the First-tier Tribunal (Criminal Injuries Compensation). The Tribunal is independent of the CICA and will consider the evidence before making its own decision.

The CICA process can be complex, particularly where the person responsible for the abuse was also a child or where additional evidence is needed to establish eligibility under the Scheme. Seeking specialist legal advice can help ensure your application is supported by the appropriate evidence from the outset and, where necessary, that any review or appeal is prepared as thoroughly as possible.

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To find out more about how we can help with a criminal injuries claim, get in touch with our compassionate and experienced team.

How does the age of the person responsible affect a claim?

The age of the person responsible for the abuse does not automatically prevent compensation from being available.

In England and Wales, the age of criminal responsibility is 10. If the person responsible was under that age, the Criminal Injuries Compensation Authority (CICA) may still consider whether their actions can be treated as a crime of violence under the Criminal Injuries Compensation Scheme. This will depend on the individual circumstances of the case, including whether the child understood the nature and consequences of their actions.

The age of the person responsible is only one factor that will be considered. Every claim is assessed on its own facts, taking into account the available evidence and the requirements of the relevant compensation scheme or legal claim.

When can an organisation be held responsible?

In some circumstances, it may also be possible to bring a civil compensation claim against an organisation.

Unlike a claim through the Criminal Injuries Compensation Authority (CICA), which is made under a government-funded compensation scheme, a civil claim considers whether an organisation may be legally responsible for failing to take reasonable steps to protect a child from abuse.

This may be relevant where the abuse took place in a setting where an organisation had responsibility for the child's care, education or supervision, such as:

Every case is different, but a civil claim may be possible if it is alleged that an organisation failed to respond appropriately to concerns about harmful sexual behaviour, did not follow its safeguarding procedures, ignored warning signs, failed to supervise children appropriately or did not take reasonable steps to protect a child from abuse.

Bringing a civil claim does not mean the organisation carried out the abuse itself. Instead, the claim considers whether the organisation failed in its legal duty to safeguard the child and whether that failure allowed the abuse to occur or continue.

Whether an organisation can be held legally responsible will always depend on the individual facts of the case, the available evidence and the steps that could reasonably have been expected to prevent the abuse.

Is there a time limit for making a claim?

The time limits for making a compensation claim will depend on the type of claim being pursued.

Applications to the Criminal Injuries Compensation Authority are subject to the time limits set out in the Criminal Injuries Compensation Scheme. Although there are strict deadlines, the CICA has discretion to consider some applications made outside the usual time limits where the Scheme's requirements are met.

Different limitation rules apply to civil compensation claims. Recent changes introduced by the Crime and Policing Act 2026 have removed the limitation period for many civil child sexual abuse claims in England and Wales. A defence can still be raised if there can no longer be a fair trial. However, these changes do not apply to every type of abuse claim, so each case must be considered on its own facts.

If the survivor is under the age of 18, a parent or someone with parental responsibility can usually begin the claims process on the child's behalf. If the survivor is now an adult, it is still worth seeking specialist legal advice, even if the abuse happened many years ago, as compensation may still be available.

What evidence may be needed?

The evidence required will depend on the circumstances of the case and the type of claim being made.

For a CICA claim, evidence will usually include information obtained from the police, together with medical records or other documents that help demonstrate the impact the abuse has had.

For a civil claim, additional evidence may be needed to establish whether an organisation failed in its safeguarding responsibilities. This could include school records, local authority records, safeguarding documents, witness statements, complaints, inspection reports or other records showing how concerns were handled.

Independent medical evidence may also be obtained where appropriate to assess the psychological impact of the abuse, any diagnosis that has been made and whether further treatment or support is likely to be needed.

Not every claim will require the same evidence. The documents needed will depend on the circumstances of the abuse, how long ago it happened and the legal route being pursued.

How our specialist abuse claims solicitors may be able to help

Claims involving sexual abuse committed by another child can be more complex than many people realise. Questions often arise about whether compensation is available, whether an organisation may also be legally responsible and which route to compensation is most appropriate.

Our specialist abuse claims solicitors have extensive experience advising survivors of abuse and parents bringing claims on behalf of their children. We can assess the circumstances of your case, explain whether a claim through the Criminal Injuries Compensation Authority (CICA), a civil compensation claim or both may be available, and provide clear, straightforward advice on the options open to you.

If you decide to proceed, we can support you throughout the claims process by gathering evidence, obtaining relevant records, arranging independent medical evidence where needed and pursuing the claim on your behalf.

If you would like to discuss your circumstances with a specialist member of our team, call 0800 260 5010 or request a callback, and we'll get in touch at a time that works for you.

References:

Simpsonmillar.co.uk. (2024). Criminal Injury Compensation Claims. [online] Available at: https://www.simpsonmillar.co.uk/abuse-claims-solicitors/criminal-injury-compensation-claims/.

Simpsonmillar.co.uk. (2024). Child Abuse in Schools. [online] Available at: https://www.simpsonmillar.co.uk/abuse-claims-solicitors/child-abuse-in-schools/.

Simpsonmillar.co.uk. (2024). Claims For Physical & Sexual Foster Home Abuse. [online] Available at: https://www.simpsonmillar.co.uk/abuse-claims-solicitors/abuse-in-foster-home/.

Simpsonmillar.co.uk. (2019). Emotional, Physical & Sexual Abuse In Sport Claims. [online] Available at: https://www.simpsonmillar.co.uk/abuse-claims-solicitors/sports-abuse/.

Simpsonmillar.co.uk. (2019). Religious Abuse. [online] Available at: https://www.simpsonmillar.co.uk/abuse-claims-solicitors/religious-abuse/.

Legislation.gov.uk. (2026). Crime and Policing Act 2026. [online] Available at: https://www.legislation.gov.uk/ukpga/2026/20/contents

www.simpsonmillar.co.uk. (2023). Physical and Sexual Abuse Claims | Simpson Millar Solicitors. [online] Available at: https://www.simpsonmillar.co.uk/abuse-claims-solicitors/.

Nathalie Swanwick

Senior Associate Solicitor & Team Leader, Abuse Claims

Areas of Expertise:
Abuse Claims

Nathalie is deeply committed to helping survivors both in and out of the courtroom. She fought for justice, representing survivors as part of the Independent Inquiry into Child Sexual Abuse (IICSA). During this inquiry, she collaborated closely with Counsel to explore the much needed changes to the law on limitation, the potential for a national redress scheme, and suggested changes to the current Criminal Injuries Scheme.

She's also very experienced with redness schemes. Nathalie has helped survivors through the Lambeth Redress Scheme and another scheme started by the Estate of Michael Studdert. Additionally, she played a key role in group actions against Manchester City Council, representing survivors who suffered abuse in children’s home in Manchester.

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