| 1.1 |
This is a brief guide only. Before application the worker should refer to the detailed CICA guidance notes copies of which are held by the admin managers and operations manager (LAC). Copies can also obtained by ringing 0800 358 3601. Information is also available on the CICA website. |
| 1.2 |
Applications to CICA can be made on behalf of looked after children due to the circumstances under which they came into care or as a result of incidents that happen whilst they are in care. It is the responsibility of the allocated social worker and supervisor to be aware of the circumstances under which a claim might be made to the CICA on behalf of a child. |
| 1.3 |
The types of compensation award that are relevant to looked after children and young people are: |
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1.3.1 |
where the child has suffered an injury (mental and/or physical) as a result of a crime of violence. (application form TS14) |
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1.3.2 |
where the child is a dependant or close relative of a person who was a victim of a crime of violence who has died as a result. (application form TS15/TS17) |
| 1.4 |
Although evidence and supporting documentation is needed as much as possible to make the application more successful, lack of evidence need not necessarily make an application pointless. The CICA assesses applications on the basis of probability and need to be more satisfied than not that the child is entitled to an award. They may decide to make an award even if an accused person was acquitted. |
| 2.1 |
Application can be made if the following criteria are met: |
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2.1.1 |
The child has suffered an injury (mental and/or physical) as a direct result of a crime of violence. It is not necessary for the offender to have been identified, convicted or charged with the crime. |
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2.1.2 |
The injury must have occurred in England, Scotland or Wales. If the crime occurred whilst on holiday outside GB, application cannot be made to CICA although it may be possible to make a claim in the country where the incident occurred if they have a scheme. |
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2.1.3 |
The scheme operates a tariff system and the child must have sustained an injury that would qualify for the minimum award under the tariff system. However, it may be possible to make a claim for a child if a combination of minor injuries has been received provided that the effects lasted at least 6 weeks and required at least two visits to the doctor. |
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2.1.4 |
The incident should be reported to the police as soon as possible as awards may be reduced or fail if this is not done. However, the scheme allows for certain circumstances such as minor incidents at school to be dealt with within the school, and may accept a report to the education authorities in these instances. |
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2.1.5 |
Application should be made within two years of the incident date. There may be allowances made in some circumstances and this fact alone should not prevent application being made. |
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2.1.6 |
The child is a dependant or close relative of a victim of violent crime committed in England, Scotland or Wales who has since died as a result |
| 2.2 |
Possible disqualifications: |
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2.2.1 |
Compensation would normally be refused if the injury to the child was caused during a fight in which the young person "voluntarily" took part in, even if the offending party produced weapons |
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2.2.2 |
The use of alcohol or illegal drugs by the young person that might have contributed towards the attack may result in the award being refused, as may any offensive language, gestures or threatening actions of the victim. |
| 2.3 |
If the CICA decide they need an independent medical examination before a payment can be made they will arrange and pay for this. |
| 4.1 |
The CICA define a qualifying child under this category as:
"a child of the deceased, whether or not the natural child, provided that s/he was accepted by the deceased as a child of his/her family or was dependant on him/her. The definition of a child is not restricted to a person below the age of 18 nor does it exclude an unborn child of the deceased conceived before death and born alive after death" |
| 4.2 |
Application can be made on behalf of a child under this category if the child is a dependant or close relative of someone who died as a result of a criminal injury or who was criminally injured but died from some other cause. |
| 4.3 |
An award may be made comprising of one or more of the following categories: |
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4.3.1 |
Standard compensation award; |
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4.3.2 |
Dependency - for qualifying claimant who were financially dependant on the deceased; |
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4.3.3 |
Loss of parental services for a child under 18 years of age. |
| 5.1 |
Preparation |
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5.1.1 |
It is important to ensure all relevant information and reports are gathered. It is important to confirm that courts have given permission for information to be provided to the CICA. The child's original birth certificate must be available to send with the application. |
| 5.2 |
Making the application |
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5.2.1 |
The application form should be completed by the social worker with guidance from the team manager. When complete the application form and all supporting information should be sent to the operations manager for agreement. Depending on the circumstances of the case the operations manager may decide to send the application and supporting documentation to be examined by Legal before sending to the CICA. A spreadsheet will be maintained of all applications. |
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5.2.2 |
Once the form has been signed by the operations manager the worker can forward details to the CICA. Copies of all information relating to the application should be scanned under privileged information and noted in the case chronology. |
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5.2.3 |
Appropriate cases should be identified when the child becomes looked after. Consideration of whether an application should be made will also be highlighted during the first review. Progress will be followed up at each review thereafter. |
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5.2.4 |
An annual report of progress will be made to CSSMT. |
