Abuse can cause physical injuries, psychological trauma, financial difficulties and long-term changes to a person's life. Where abuse amounts to a violent crime and results in a qualifying injury, the Criminal Injuries Compensation Authority (CICA) may provide compensation under the government-funded Criminal Injuries Compensation Scheme.
CICA Abuse Claims can cover certain forms of physical and sexual abuse, including historic abuse. The scheme is separate from a civil compensation claim against an individual or organisation and has its own eligibility requirements, evidence rules, time limits and compensation tariff.
What Are CICA Abuse Claims?
CICA abuse claims are applications for compensation made to the Criminal Injuries Compensation Authority following an incident or pattern of abuse that qualifies as a crime of violence under the Criminal Injuries Compensation Scheme.
The scheme can consider compensation for sexual abuse and physical abuse, as well as qualifying physical or psychological injuries resulting from violent crime. Certain financial losses and expenses may also be recoverable where the specific requirements of the scheme are satisfied.
CICA is a government body rather than a court. It assesses applications according to the statutory scheme and its tariff rather than calculating compensation in the same way as a civil court.
Importantly, an offender does not necessarily have to be convicted for a CICA claim to succeed. CICA can make its own assessment based on the available evidence, using the civil standard of proof, known as the balance of probabilities.
What Types of Abuse Can CICA Compensate?
The CICA scheme specifically provides for certain types of sexual and physical abuse.
Potentially relevant circumstances can include:
- Childhood sexual abuse
- Historic sexual abuse
- Rape and sexual assault
- Physical abuse
- Physical abuse of children
- Domestic abuse involving qualifying physical injuries
- Repeated abuse forming a recognised pattern
- Psychological injury resulting from qualifying violent crime
The nature of the injury, circumstances of the abuse and evidence available will determine whether an application satisfies the scheme.
CICA's current tariff contains specific provisions for sexual and physical abuse, including physical abuse of adults and domestic abuse. Where several injuries form part of a pattern of abuse, the rules do not necessarily provide a separate payment for every individual incident. The circumstances and severity of the injuries are considered under the tariff.
Abuse That Is Primarily Financial or Controlling
Not every harmful behaviour associated with an abusive relationship automatically qualifies for CICA compensation.
For example, financial abuse, theft or coercive behaviour may not independently create entitlement under the CICA scheme unless the circumstances also satisfy the requirements for a qualifying violent crime and injury.
This distinction is important because CICA compensation is based on the statutory definition and tariff rather than the broader meaning of "abuse" used in everyday language.
Can You Make a CICA Claim for Historic Abuse?
Yes, historic abuse may be eligible for CICA compensation, subject to the requirements of the applicable scheme.
Historic abuse claims can be particularly complex because many survivors disclose abuse years or even decades after it occurred. The delay does not automatically mean that a claim is impossible.
However, applicants must address the applicable CICA time-limit rules and explain why an application was not made earlier where it falls outside the ordinary deadline.
The current CICA guidance states that an application should normally be made within two years of the incident when the applicant was an adult. CICA has discretion to consider an application outside that period where exceptional circumstances prevented an earlier application and the available evidence allows the claim to be determined without extensive further enquiries.
This is particularly important in historic abuse cases, where the reasons for delayed disclosure and the evidence available may require careful consideration.
CICA Abuse Claims Time Limits
The standard rule is that an application should be made as soon as reasonably practicable and normally within two years of the incident if the applicant was an adult.
A late application is not automatically successful simply because the abuse was historic. The applicant needs to address the reason for the delay and provide supporting evidence where possible.
CICA considers whether:
- There were exceptional circumstances preventing an earlier application; and
- The evidence is sufficient for the claim to be determined without extensive further investigation.
CICA specifically advises applicants not to wait for the conclusion of criminal proceedings before applying. A criminal conviction is not required for an award, and delaying an application solely because criminal proceedings are ongoing can create unnecessary difficulties.
Why Time Limits Matter in Historic Abuse Cases
A survivor may have understandable reasons for not reporting abuse immediately. Fear, trauma, age, dependency on the perpetrator and the psychological consequences of abuse can all be relevant circumstances.
Nevertheless, the CICA scheme contains statutory time-limit requirements. The fact that a person has a compelling reason for delayed reporting does not remove the need to demonstrate that the requirements for a late application are met.
For that reason, anyone considering a historic CICA abuse claim should address the delay carefully rather than assuming that the passage of time prevents a claim or guarantees an extension.
Do You Need to Report Abuse to the Police?
The CICA scheme requires the relevant incident to have been reported to the police, subject to the specific rules and circumstances of the claim.
Reporting the crime and obtaining information such as a police reference can therefore be an important part of establishing the claim.
However, a criminal conviction is not a requirement. CICA makes its own decision about whether the applicant qualifies for compensation and considers the evidence available to it.
A person should also avoid delaying an application simply because they expect criminal proceedings to take place. CICA states that applicants should apply without waiting for the criminal case to conclude.
What Evidence Is Needed for a CICA Abuse Claim?
Evidence is central to CICA's assessment. The strength of an application can depend on how clearly the available evidence establishes the incident, the resulting injury and the connection between them.
Depending on the circumstances, relevant evidence may include:
- Police reports and crime reference numbers
- Statements describing the abuse
- Medical records
- GP records
- Hospital records
- Psychological or psychiatric evidence
- Counselling or therapy records
- Specialist medical assessments
- Evidence concerning physical injuries
- Evidence of psychological injury
- Employment records where loss of earnings is relevant
- Receipts or other evidence relating to qualifying expenses
- Previous CICA correspondence
- Evidence relating to delayed reporting
- Relevant supporting witness evidence
Not every claim will require every type of evidence.
For historic abuse, records created many years after the events may be particularly important. Medical or psychological evidence can help establish the nature and severity of an injury and its relationship to the abuse.
CICA's decision-making process is evidence-based, so presenting relevant information clearly and consistently is important.
Can You Claim for Psychological Injury After Abuse?
Psychological injury can be an important component of an abuse-related CICA claim.
Abuse may result in serious and lasting psychological consequences, and the CICA scheme provides for compensation for qualifying mental injuries. The applicable tariff determines whether an injury attracts an award and the level of compensation available.
Depending on the circumstances, medical evidence may address conditions such as:
- Post-traumatic stress disorder
- Depression
- Anxiety disorders
- Other medically recognised psychological injuries
A diagnosis alone does not automatically guarantee compensation. The injury must satisfy the relevant CICA requirements and be sufficiently connected to the qualifying criminal injury.
How Much Compensation Can You Receive for CICA Abuse Claims?
There is no single fixed amount for every CICA abuse claim.
Compensation is determined under the statutory tariff, which assigns prescribed amounts to qualifying injuries. The seriousness and nature of the injury are therefore critical.
The CICA scheme provides for injury payments under its tariff, including specific provisions dealing with sexual and physical abuse. The maximum award for one or more criminal injuries directly attributable to an incident is currently £500,000, before any applicable reductions.
The final award can depend on factors including:
- The type of abuse
- The severity of the injury
- The duration and circumstances of the abuse
- The nature of any physical injuries
- The psychological consequences
- Loss of earnings where applicable
- Qualifying special expenses
- Whether more than one injury is involved
- Whether any deductions or reductions apply under the scheme
It is therefore misleading to rely on a single "average CICA abuse compensation" figure when assessing an individual claim.
Can CICA Pay Compensation for Loss of Earnings?
In appropriate circumstances, the scheme can provide compensation for loss of earnings where the applicant has no or limited capacity to work as a direct result of a criminal injury.
There are specific requirements governing loss-of-earnings payments, so they should not be treated as an automatic addition to an injury award.
Evidence such as employment information, earnings records and medical evidence concerning the impact of the injury may be relevant.
What Are Special Expenses in a CICA Claim?
The CICA scheme can also provide for certain special expenses where the relevant requirements are met.
These payments relate to qualifying costs incurred because of the criminal injury. CICA's guidance states that special expenses may be considered where injuries have resulted in an inability to work or a similar level of incapacity for more than 28 weeks.
The rules are specific, so an applicant should establish whether a particular expense falls within the scheme rather than assuming that all costs associated with recovery will be reimbursed.
Does the Abuser Have to Pay the Compensation?
No.
A CICA award is paid under a government-funded compensation scheme administered by the Criminal Injuries Compensation Authority. It is therefore fundamentally different from a civil damages claim in which compensation may be sought from the perpetrator or another legally responsible party.
This can be particularly important where:
- The perpetrator has no assets
- The perpetrator cannot be located
- The perpetrator has died
- The abuse occurred many years ago
- A civil defendant cannot realistically meet a damages award
A CICA application may therefore provide a separate potential route to compensation, although eligibility must still be established under the scheme.
CICA Abuse Claims and Civil Abuse Claims Are Different
A CICA claim should not automatically be treated as a substitute for a civil claim.
In some circumstances, a survivor may have potential claims against an organisation or institution, depending on the facts. For example, historic abuse may involve allegations concerning schools, care providers, organisations or other institutions.
A civil claim and a CICA application operate under different legal frameworks.
A civil claim may consider broader damages and legal liability, while CICA applies its own statutory eligibility rules and tariff.
It can therefore be important to consider whether both routes may be relevant before deciding how to proceed.
What If CICA Rejects an Abuse Claim?
A CICA refusal does not necessarily mean that the matter is over.
Depending on the reason for refusal, an applicant may be able to request a review of the decision. If the review does not resolve the issue, an appeal can be made to the First-tier Tribunal.
CICA's current guidance states that a request for review should normally be made within 56 days of the original decision. If the review decision remains unfavourable, an appeal to the First-tier Tribunal can normally be requested within 90 days of the review decision.
A refusal should therefore be examined carefully to identify the precise reason CICA rejected the application.
Common issues can include:
- Time limits
- Eligibility
- Insufficient evidence
- Failure to establish a qualifying injury
- Disputes about the circumstances of the incident
- Reporting requirements
- Conduct or other scheme restrictions
- Disagreement concerning the appropriate tariff award
A detailed response should address the actual reason for the decision rather than simply repeating the original application.
Can a CICA Decision Be Appealed?
Yes. The scheme provides a structured route for challenging an unfavourable decision.
The process normally begins with a request for CICA to review its decision. If the review does not produce an acceptable outcome, the applicant may appeal to the independent First-tier Tribunal, subject to the applicable rules and deadlines.
Recent tribunal decisions demonstrate that CICA cases can involve detailed questions about evidence, eligibility, procedural requirements and the application of the scheme rules.
CICA Abuse Claims for Childhood Sexual Abuse
Childhood abuse claims can involve particular difficulties because the survivor may have been unable or unwilling to report the abuse at the time.
The fact that abuse occurred during childhood does not automatically guarantee compensation, but the CICA scheme contains provisions relevant to applicants who were children when the injury occurred.
For historic childhood abuse, the application should clearly address:
- When the abuse occurred
- The age of the survivor at the time
- When the abuse was reported
- The circumstances surrounding the report
- Why a claim was not made earlier
- The injuries suffered
- Medical and psychological consequences
- Available documentary evidence
- The relationship between the abuse and the injuries
The CICA scheme guidance has also been updated to include specific guidance concerning physical abuse of children, reflecting the need for careful consideration of abuse-related applications.
What If the Abuse Happened Many Years Ago?
A historic claim should not be dismissed solely because the abuse occurred years ago.
However, the time elapsed can make evidence more difficult to obtain. Records may be unavailable, witnesses may be difficult to locate and memories may have changed.
The applicant should therefore identify all potentially relevant evidence at an early stage.
Most importantly, a survivor should not assume that the ordinary two-year time limit means that making an application is pointless. CICA's rules permit consideration of certain late applications where the exceptional-circumstances requirements are satisfied.
At the same time, an extension is not automatic, and each application must be considered under the scheme.
How Long Does a CICA Abuse Claim Take?
There is no guaranteed timescale for every CICA abuse claim.
The duration can depend on:
- The complexity of the allegations
- The age of the claim
- The availability of evidence
- Medical evidence requirements
- Whether CICA needs further information
- Police information
- Whether eligibility is disputed
- Whether the decision is challenged
- Whether the matter proceeds to tribunal appeal
Applicants should respond promptly when CICA requests additional information because unnecessary delays can make the process more difficult.
Why Specialist Evidence Can Matter in CICA Abuse Claims
Abuse cases can involve complex physical and psychological injuries, particularly where the abuse was repeated or occurred during childhood.
A well-prepared application should distinguish between:
The incident: what happened and when.
The injury: the physical or psychological harm that resulted.
The evidence: documentation supporting the incident and injury.
The financial consequences: qualifying loss of earnings or expenses where applicable.
The timing: why the application was made when it was and, where necessary, why it could not reasonably have been made sooner.
This structure makes it easier to address the requirements that CICA must consider.
Frequently Asked Questions About CICA Abuse Claims
Can I claim CICA compensation for historic abuse?
Potentially, yes. Historic abuse can fall within the CICA scheme, but the claim must satisfy the applicable eligibility, evidence and time-limit requirements. Late applications require particular consideration of the exceptional-circumstances rules.
Do I need a criminal conviction?
No. CICA does not require an offender to have been convicted before an application can be considered. The authority assesses the evidence under the rules of the compensation scheme.
Do I need to report the abuse?
The CICA scheme generally requires the incident to have been reported to the police. The precise circumstances and applicable scheme rules should be considered in every case.
Can I claim for psychological injury?
Yes, qualifying psychological injuries can form part of a CICA claim where the requirements of the scheme are satisfied. The injury must be recognised under the applicable tariff and sufficiently connected to the criminal injury.
How much compensation can CICA pay?
The amount depends on the applicable tariff and circumstances of the claim. The scheme currently provides for a maximum award of £500,000 for one or more criminal injuries directly attributable to an incident, before applicable reductions.
Can I claim if the abuse happened when I was a child?
Potentially, yes. Childhood and historic abuse can be considered under the CICA scheme, subject to its eligibility and evidence requirements.
What happens if CICA refuses my claim?
You may have the right to request a review and subsequently appeal to the First-tier Tribunal. Strict deadlines apply, so the decision should be reviewed promptly.
Can I make a CICA claim and a civil claim?
Potentially. CICA compensation and civil claims operate under different legal frameworks. Whether both routes are available depends on the circumstances and should be assessed individually.
Making a CICA Abuse Claim
A CICA abuse claim can provide an important route to compensation for people who have suffered qualifying physical or psychological injuries as a result of abuse.
The most important issues are usually eligibility, reporting, evidence, time limits and the correct application of the CICA tariff. Historic abuse requires particular care because the ordinary time limit may have expired, but that does not necessarily prevent an application from being considered.
Anyone considering CICA Abuse Claims should obtain appropriate legal advice before assuming that their circumstances either qualify or do not qualify. The CICA scheme is governed by detailed statutory rules, and the outcome depends on the individual facts and evidence available.