Child Abuse Compensation Claims – Historic Child Abuse Solicitors
In this guide, we will look at the eligibility criteria for child abuse claims. If you have been subject to abuse as a child, then there are several channels that may be available for you to claim compensation through.
Child abuse claims guide
Child abuse can take different forms. You may be able to claim if you have experienced physical abuse or child sexual abuse, even if you are now an adult.
In this guide, we’ll be looking at some examples of how abuse as a child could affect someone into adulthood. In addition to this, we will look at how a claim could be made and how the Criminal Injuries Compensation Authority (CICA) handles these kinds of claims.
If you’d like to know more about claiming criminal injuries compensation, you can speak with a member of our team today. If they feel your claim has a good chance of success, they could put you in contact with a lawyer from our panel.
To get in touch, you can:
- Call us on the number at the top of the page
- Contact us through the website
- Talk to one of our advisors through our live chat feature
Choose A Section
- What is Child Abuse?
- Child Abuse Claims – Could I Receive Compensation?
- What Compensation Payout Could You Get From a Child Abuse Claim?
- Child Abuse Claims- What Evidence Could You Use to Claim?
- How Can No Win No Fee Solicitors Help You?
- Learn More About Child Abuse Claims
What is Child Abuse?
According to the National Society for the Prevention of Cruelty to Children (NSPCC), child abuse is any intentional harm inflicted on a child. While child abuse can cover things like neglect and emotional abuse, this guide will focus on sexual and physical abuse.
There are generally three routes through which you could claim compensation if you were the victim of child abuse. You could claim against the perpetrator directly; however, in order for this to be an option, they would need to have the money to pay you compensation.
In certain cases, you could be entitled to claim against a vicariously liable party. For example, if your home was being visited by social services and they ignored clear signs of abuse that should have resulted in you being removed from the home, then you might be able to claim against them.
The CICA should be viewed as a last resort in securing compensation for criminal injuries. They are an executive agency that received sponsorship from the government. They can award victims of crimes of violence compensation.
In the next section, we will look at the eligibility criteria for CICA claims. However, if you have any questions about child abuse claims or would like to see if you could start today, speak with an advisor.
Child Abuse Claims – Could I Receive Compensation?
In this section, we will look at the eligibility criteria for claiming criminal injuries compensation through the CICA. In order to claim through the CICA, you will need to show that:
- You were injured as the result of a crime of violence
- The incident happened in England, Scotland or Wales
- You reported the incident to the police
- The incident in which you were injured meets their definition of a crime of violence. This can include assault, such as assault and battery, an acid attack, assault occasioning grievous bodily harm (GBH) and sexual assault amongst other crimes.
Reporting the incident is a very important aspect of claiming, and this should be done as soon as possible after it occurs. The CICA will usually take “as soon as possible” to mean right after the accident happens. However, if the reporting of the incident is delayed because of exceptional circumstances, then you might still be able to claim. In this case, you’d need to have enough evidence that a claims officer won’t need to undergo extensive further enquiries.
If you need any further information on the steps relating to child abuse claims, please get in touch with us today.
What Compensation Payout Could You Get From a Child Abuse Claim?
If you’re awarded compensation following a criminal injury, then the settlement you receive will include payment for your injuries. This payment will be based on the tariff from the Criminal Injuries Compensation Scheme 2012.
We have included some of these amounts in the table below, but you could also use a criminal injury claim calculator. If you would like personalised guidance on how much you could be awarded for your injuries, speak with an advisor.
Compensation for child victim | Compensation | Description |
---|---|---|
Non-consensual penile penetration | £44,000 | Penetration of the mouth, vagina or anus. Causing serious internal bodily injuries and severe mental illness |
Non-consensual penile penetration | £33,000 | Penetration of the mouth, vagina or anus. Causing serious internal bodily injuries and severe mental illness. |
Non-consensual penile penetration | £22,000 | Penetration of the mouth, vagina or anus. Causing a permanently disabling moderate mental injury. |
Non-consensual penile penetration | £11,000 | Penetration of the mouth, vagina or anus by one person. |
Sexual assault | £8,200 | A pattern of abuse for 3 or more years |
Sexual assault | £6,600 | A pattern of abuse by one attacker for up to 3 years |
Sexual assault | £3,300 | One instance of non-penile penetrative or oral-genital assault. |
Sexual assault | £2,000 | Serious, non-penetrative sexual or physical act(s) that took place under clothing. |
Sexual assault | £1,500 | Frequent non-penetrating sexual attack over the victim's clothing |
Sexual assault | £1,000 | Non-penetrating sexual attack over the victim's clothing |
Child Abuse Claims – What Else Could You Receive?
You could also receive compensation for special expenses and loss of earnings when you claim compensation through the CICA. Special expenses are defined as reasonable, necessary costs that you incurred as a direct result of a crime of violence, and can include:
- The cost of physical aids that you relied on and that were damaged in the incident (for example, spectacles)
- Any medical costs that arose under the NHS or that have arisen as a result of private medical care where the NHS would have charged the same amount
- Special equipment. For example, if you need physical aids to move around, the cost of this could be covered
In order to claim special expenses, you must have lost earnings, the capacity to earn or experienced a similar extent of incapacitation for at least 28 full weeks. However, the special expenses will be compensated from the date of the accident.
You could also claim compensation for lost earnings if you’re unable to work or if your ability to undertake paid work is very limited as a result of the incident. Like special expenses, you would need to have lost earnings for at least 28 full weeks after the incident. Unlike special expenses, it will only be awarded from the 29th week onwards and won’t be backdated.
For guidance on what could be included in child abuse claims, speak with an advisor.
Child Abuse Claims – What Evidence Could You Use to Claim?
The CICA will request the following evidence from you:
- Evidence that you meet residency requirements
- A police reference number
- Medical evidence and evidence of special expenses
The CICA and the police can liaise. They will be able to confirm with the police the following points:
- That you cooperated with their investigation
- That the incident was reported to the police
- Whether you have a criminal record that could impact the amount you’re awarded
If you need any further advice on the types of evidence that you might need, don’t hesitate to get in touch with us today. Our team can offer free legal advice about child abuse claims.
Is There A Time Limit To Make a Child Abuse Claim?
You may be wondering how long you have to make a claim. Generally, you have two years from the date of the incident being reported to the police to start a claim through the CICA. However, your claim could still be considered if exceptional circumstances prevented this from happening.
The “same roof” rule, which applied to incidents between August 1964 and 30 September 1979, meant that compensation claims could not be made through the CICA where the assailant and their attacker lived at the same address. This means that victims of child abuse at the hands of their parents or siblings, for example, would not have been able to claim through the CICA.
In 2019, this rule was removed. Anyone who was previously prevented from applying for compensation because of the same roof rule was allowed to apply. The deadline for reapplications was 13 June 2021; however, if exceptional circumstances stopped you from being able to claim in this time period, then your claim could still be considered.
For more guidance on child abuse claims, speak with our advisors.
How Can No Win No Fee Solicitors Help You?
You could benefit from working with a solicitor on a No Win No Fee basis. Under this kind of agreement, it generally means that typically:
- You won’t pay your lawyer’s fees upfront or as the claim progresses
- There are no legal fees to pay your solicitor if your claim fails
- You’ll only pay a success fee to your lawyer in the event that you’re awarded compensation
The success fee that your lawyer deducts from your settlement in the event of a successful claim is legally capped. This means that they cannot overcharge you. Furthermore, they will inform you of the success fee before the claim begins so that you’re not surprised.
If you need further information on how a No Win No Fee service can benefit you, don’t hesitate to get in touch.
Would You Like a Free Consultation? Contact Us Today
Give our helpful team a call at the number below if you’d like to know more about child abuse claims. In order to ascertain whether you might be eligible for compensation, one of our consultants will listen to your case and ask all the pertinent questions.
You can get in touch using the details below:
- Call us on the number at the top of the page
- Contact us through the website
- Talk to one of our advisors through our live chat feature
Learn More About Child Abuse Claims
Below you can find links to more of our guides on criminal injury claims:
We have also included links to additional resources below:
- A guide for a direct victim of a crime of violence
- Criminal Injuries Compensation Authority
- A guide of incident location
For more guidance on child abuse claims, please get in touch today.
Writer Lizzie Whitting
Publisher Fern Shelley