Child abuse compensation claims

The law and child abuse

If you have suffered physical, sexual or emotional abuse as a child, there are a number of legal consequences:

Your abuser could be prosecuted in the Criminal Courts and be punished.

Because you have been the victim of a crime, you may be able to apply to the Criminal Injuries Compensation Authority (CICA).

You may be able to bring a claim for compensation against your abuser or someone else responsible (i.e. employers) in the Civil Courts.

Criminal Injuries Compensation

If you have suffered abuse, it may be possible to apply for compensation from the Criminal Injuries Compensation Authority (CICA). This is a government scheme to compensate victims of ‘crimes of violence’ who otherwise would not be compensated. A ‘crime of violence’ includes sexual abuse and physical abuse. Applying to the CICA is relatively straightforward.

Compensation is assessed by reference to set guidelines and is often quite low. It is usually advisable to apply for criminal injuries compensation even if you are making a claim via the Civil Courts in addition. This is a safeguard, in the event your civil claim is unsuccessful for whatever reason.

If you are awarded criminal injuries compensation and then later more compensation in a civil claim, you usually have to repay the criminal injuries award from your (usually larger) Court compensation. The CICA can, and usually will, reduce or refuse compensation if you have a criminal record. Your application is assessed on the basis of a written application without a hearing, unless you appeal against the decision. Strictly speaking, it is necessary to make an application within two years of the abuse. The CICA recognises that this is not always possible and has the discretion to allow late cases.

Civil Compensation Claims

A person who has been abused may be entitled to claim financial compensation through the Civil Courts. They may be able to claim compensation from the person who abused you or from the organisation who employed the abuser. For example – if you were abused whilst in foster care or in a children’s home, it is likely that your claim can be brought against the local authority responsible for looking after you.

If you were abused by a family member, neighbour or stranger, you may be entitled to claim against that person in the courts. This may not be possible if, for example, the abuser has been sent to prison, however.

Can I make a child abuse compensation claim? Complete our personal injury claim form to see how we can help you.