Child Protection Guidance 2021

Part 3: Identifying and responding to concerns about children 129 National Guidance for Child Protection in Scotland 2021 Version 1.0 September 2021 Criminal injuries compensation Ensuring consideration during child protection planning. 3.198 Children who have suffered harm either within or outwith the family as a result of abuse may be eligible for criminal injuries compensation. Criminal Injuries Compensation Scheme 2012 (publishing.service.gov.uk). Other children or non-abusing adults who have a loving relationship with the abused child may also be eligible for compensation if they suffer a mental injury as a result of witnessing the abuse or its immediate aftermath. Professionals should be aware of this scheme, and should consider whether any child for whom they are responsible is eligible to apply. They should also ensure that applications are progressed timeously. 3.199 Where the victim was under the age of 18 at the time of the incident, and it is reported to the police before their 18th birthday, an application for compensation can be made until the victim turns 20. Where the victim was under the age of 18 at the time of the incident but it was not reported to the police before their 18th birthday, an application for compensation can be made up to two years from the first report to the police. Applications from adults should be made within two years from the date of the crime. These time limits can only be extended in exceptional circumstances. The Criminal Injuries Compensation Authority (CICA) does not need to wait for the outcome of a criminal trial if there is already enough information to make a decision on a case, so application can be made without delay for this reason. Decisions are made on ‘balance of probabilities.’ (Criminal Injuries Compensation Act 1995) . 3.200 Consideration as to whether or not the Criminal Injuries Compensation Scheme may apply should be a standing item at all initial and review CPPMs (or ‘Looked After’ Reviews if appropriate). It is the responsibility of the Chair of the review to ensure that reasons are recorded within the record of the meeting as to why the decision was reached whether to proceed or not to proceed with an application. 3.201 It is crucial that scrutiny is given to the above as the local authority can be held liable if it fails to make a claim. Action may also be taken against the local authority if it accepts an inadequate offer of compensation on behalf of a child. Children and young people who have been abused in residential care are also entitled to claim compensation.