Understanding CICA Claims

Reasons why you Might Make a CICA Claim

The Identity of the Abuser is Unknown

It is not necessary for the person who abused you to be identified, or convicted, in order for you to be eligible to seek damages through the CICA. However, it is a requirement that you have co-operated with the police as far as is reasonably practicable in bringing your abuser to justice. This is a really important aspect of the scheme, as it enables survivors of abuse and other violent crime to obtain compensation, where there would be little or no alternative.

The Abuser Does Not Have Sufficient Assets

You have a right to seek compensation directly from the individual that abused you, but it’s necessary to confirm whether they have the financial ‘assets’ (i.e. money or property ownership) in place to be able to fulfill a settlement that might be reached in court.  If they have no money to pay the compensation there’s little point going down this route. This is again where the Criminal Injuries Compensation Scheme can help.

You might decide to go down the route of making a CICA claim if your abuser does not have any financial assets at all, or not enough to make it worthwhile for you to pursue a claim. You can read more about how the CICA claims process works and our Abuse Law team are happy to answer any questions you may have.

The Abuser Is No Longer Alive

Most people who experience abuse in their childhood, only feel able to come forward in adulthood, many years later.

If your abuser has died, you might have tried to seek compensation from their estate. As we’ve discussed above, sometimes there might not be an ‘estate’ - the abuser might not have had enough assets in the first place for this to be worthwhile - or their assets may have been distributed to their family already as a result of what they stated in their will.

In this case, it may be an option for you to pursue a CICA claim instead, in order for you to seek justice for what you have experienced.

You can’t make a Claim Against Their Employer/Organisation

Sometimes it’s possible for you to make a claim for compensation against an abuser’s employers or the organisation they represented at the time. For example, you might make a claim against:

• A religious organisation;
• A local authorityg. for abuse in foster or children’s homes
• A sports club;
• A school, club or other organisation.

However, there are a number of reasons why you might not be able to make a claim against the abuser’s employer/institution. For example:

• The institution does not have sufficient assets or insurance;
• The company or employer cannot be held ‘vicariously liable’ (legally responsible for actions committed by their employees), as the abuse was not d prosecuted in the course of the abuser’s employment.

Can I claim compensation from the CICA if I have already had compensation for the abuse?

Our Abuse Lawyers will consider all of the different types of claims you may be able to make and will let you know all of the options that are available to you.

Where possible, we will often make civil claims for compensation directly against an abuser, against their employer, and submit an application to the CICA at the same time. The CICA will put the ‘criminal injuries’ application on hold whilst the civil claim is ongoing. Once the civil claim has concluded, we will then advise you whether the CICA application should also be pursued.

If you have had a successful civil claim (or , such as compensation awarded by the criminal court) and you would be eligible for a higher award from the CICA, an application can pursued and the CICA will reduce the award made by the amount you have been compensated by  already. It is therefore possible in some cases to have a successful civil claim (or have received compensation from another source) and obtain compensation from the CICA.