CRIMINAL INJURIES COMPENSATION document title here. Enter document title here

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1 CRIMINAL INJURIES COMPENSATION document title here Operational from: September 2013 Enter document title here Agreed by: CYPS Policies and Procedures Group Version Number: 1.0 Author: Jean Driscoll QA & Professional Development Team Review Date: September 2014 Summary Children receiving services from Children & Young People s Services may be eligible for an award under the Criminal Compensation Scheme in particular children who are subject to an interim or full Care Order, but also children who are looked after under s.20 Children Act 1989 or subject to a Child Protection Plan. This guidance summarises the key features of the Scheme, as far as it applies to under 18 year olds, with a view to helping staff identify eligible children. It also outlines the process for referring the child to Legal Services. We will on request produce this policy, or particular parts of it, into other languages and formats, in order that everyone can use and comment upon its content. Version Control Reason for revision and summary of changes needed Date

2 THE CRIMINAL INJURIES COMPENSATION SCHEME 1. Why this guidance has been issued Criminal Injuries Compensation is a Government backed scheme that awards compensation to the blameless victims of a violent crime. The scheme is tariff-based, and awards can range from 1,000 to 500,000, depending on the severity of the injuries, the number of incidents and the period of the abuse. A number of children known to Children & Young People s Services may be eligible for an award in particular children who are subject to an interim or full Care Order, but also children who are looked after under s.20 Children Act 1989 or subject to a Child Protection Plan. Applications by Suffolk County Council to the Criminal Injuries Compensation Authority (CICA) are managed by Legal Services, Scrutiny and Monitoring SSF. However, legal advisers have to be made aware of the child s circumstances before they begin their work, and it is a CYPS responsibility to ensure that they are informed of all relevant cases. It is a simple and straightforward process, and staff are expected to consult Legal Services for further advice in any case where the likelihood of a child s being eligible for an award appears to be unclear. 2. Key features of the Scheme a) A criminal injury is one that is sustained in, and directly attributable to, a crime of violence committed in Great Britain. (Northern Ireland has a separate scheme.) b) Applications for an award must be made within two years of the incident. In certain circumstances CICA will permit exceptions to this rule, but a Local Authority failing to act on knowledge in its possession is unlikely to qualify. c) The incident must be a violent crime, i.e. it must have been reported as such to the police. However there is no requirement that anyone will have been apprehended or convicted of the crime. d) The standard of proof required by CICA is that which applies in civil cases (that is, based on the balance of probabilities ) rather than that which applies in criminal cases (that is, beyond reasonable doubt. ) e) Victims may be those who have sustained a physical or psychological injury, but also include those in a close relationship with those who have been injured or died. So, for example, a child whose parent or carer has been killed may be eligible for an award. f) Awards are for blameless victims, and may be reduced or refused depending on the victim s conduct throughout the application, any history of unspent convictions or any misuse of drugs or alcohol. g) Applications in respect of alcohol or drug misuse during pregnancy, or long term neglect without physical injury, are unlikely to succeed, but may be considered on an individual basis. h) Local Authorities are expected to apply on behalf of children for whom they share Parental Responsibility through a Care Order. Legal Services advise that applications may also be made on behalf of children for whom the Local Authority does not hold PR, e.g. for those accommodated under s.20 Children Act 1989, those known to the Local Authority at any point in the child protection process, and those receiving Child in Need or Team Around the Child services.. In these latter cases appropriate consents must be obtained and data protection issues must be addressed.

3 i) Awards made to under-18s are normally held by CICA in an interest earning account. However there is some scope for using the award to fund appropriate activities prior to the young person s 18 th birthday. 3. Referring the child to Legal Services. a) Referrals are to be made on-line, by the social worker, to the Legal Services Business Unit businessunitlegal@suffolk.gov.uk b) Referrals are to be made on a Standard Form, available from the Business Unit, that includes the child and family details, legal status, the Crime Reference Number, the social worker contact details, an update on any civil proceedings or convictions relevant to the reasons for the claim, and any circumstances that mean the matter should be dealt with urgently. The standard form is reproduced at Appendix A c) Attached to the referral will be scanned copies of the child s birth certificate, initial assessment, police reports, relevant Court Orders confirming the child s legal status, and parental consents for disclosure (in cases where Suffolk does not have Parental Responsibility.) d) The Business Unit will ensure that all necessary information has been supplied and then proceed to allocate the matter and open a file. The person allocated the file will be the Job Manager who will have day-to-day responsibility for the file. e) The Job Manager will ensure the proper completion of the online CICA claim form, collate the appropriate supporting documents, seek counsel s opinion where necessary, e.g. on the adequacy of the award, and seek review or appeal where appropriate. 4. A whole agency approach To ensure that children who may be eligible for an award are not missed, there is an expectation that Criminal Injuries will be on the agenda at meetings where the child s case is routinely discussed, specifically as follows:- a) Legal Strategy Meeting, prior to the issue of Care Proceedings. The Service Manager chairing the meeting is responsible. b) The First Appointment in Care Proceedings. The legal adviser is responsible. c) The first Looked After Children Review. The IRO is responsible d) The Initial Child Protection Conference. The conference chair is responsible. e) Casework supervision of children with a new Child Protection Plan or Looked After Children Care Plan. The supervising manager is responsible. There are also likely to be a few children who are outside the Child Protection or Looked After Children processes who are nevertheless eligible for an award. Examples would include children in families who present in Suffolk having fled domestic violence, or children receiving support via the Team Around the Child or as Children in Need, where historic crimes of violence are disclosed. Therefore all CYPS staff working directly with children and families are expected to be aware of the basic principle of CICA awards, and to raise any specific cases either through line management or directly with Legal Services.

4 APPENDIX A IMPORTANT: All new Criminal Injury Compensation matters should be instigated by CYPS. Instructions should be submitted to the Business Unit by at businessunitlegal@suffolk.gov.uk using the standard form with scanned attachments. REQUIRED INFORMATION Child s Name: Date of Birth: Status: Current address: Crime Reference Number ( if available) Social Worker s name: Contact details: Mother s name: Father s name: Date of Birth: Date of Birth: Current address: Current address: Update on any civil or criminal proceedings or convictions relevant to the reasons for the claim:

5 Current carer(s) name: Address: Any circumstances that mean this matter should be dealt with urgently: The standard form must be accompanied by all of the following:- A copy of the child s birth certificate A copy of the social work initial assessment A copy of the police report and referral ( if available) Copy of any applicable Order confirming the child s status Signed parental consent form for disclosure (for any child not subject to a Care or Interim Care Order) Please note that if the form is incomplete it will be returned to the sender.

6 CONSENT FORM CICA I of [name] [address] am the [mother/father/other] of the child [child s name] who was born on the [d.o.b] and for whom I hold parental responsibility. I consent to Suffolk County Council submitting a claim to the Criminal Injuries Compensation Authority (CICA) on behalf of the said child. I further consent to Suffolk County Court disclosing to the CICA such information from the child s social services records and from any court proceedings as they see fit in order to progress the claim for compensation. I accept and acknowledge that the decision to grant compensation is one for the CICA and that by making this application Suffolk County Council cannot guarantee that any award of compensation will be made. I further accept and acknowledge that any award made will be held by the CICA for the benefit of the child and that I will have no claim to, nor management of, that award save as directed by the CICA. Signed Dated