Criminal Injuries Compensation

Warinder Juss Excerpts

Tuesday 29th April 2025 Westminster Hall

[Laurence Turner]

The hon. Member raises what sounds like a truly shocking case. All my sympathies are with that child and his family. I agree wholeheartedly with the point she makes about timelines and the nature of communication through the scheme, which I—and, I am sure, other Members—will come on to in the course of this debate.

At the time, the Victims’ Commissioner further recommended that the Ministry of Justice

“examine the Scheme with a view to making it simpler and accessible to victims wishing to apply on their own behalf, reducing the reliance on legal representatives.”

Also in the last Parliament, the all-party parliamentary group for adult survivors of child sexual abuse reported that “almost all survivors” who contributed to its inquiry

“had a negative experience of applying to CICA for compensation.”

I recognise that some progress has been made in the last six years, which must be welcomed. The last Government retrospectively removed the “under the same roof” rule for crimes committed between 1964 and 1979. It had long been recognised that the rule prevented the awarding of fair compensation to victims of historical domestic abuse and childhood sexual abuse during that period. Progress has also been made more recently on reducing the paper-bound nature of the scheme.

However, we cannot reassure ourselves that the scheme is in good health. As has been said, victims of violent crime can face long delays before they access compensation. For residents in Birmingham, the average time between application and award is still more than a year. That average can be dragged upwards by the most complex cases, but even apparently simple cases can take many months to resolve. Applicants to the scheme are not effectively signposted to wider support or assisted to navigate the processes for accessing services, such as the diagnosis of post-traumatic stress disorder through the NHS.

The reasoning that underpins the tariff system is hard to understand, and the apparently arbitrary limits to the scheme can produce outcomes that are, to the layperson’s eye, perverse. The two-year normal claim limit is out of line with the three-year limit for civil claims for injury.

[Warinder Juss (Wolverhampton West) (Lab)]

Does my hon. Friend agree that it is totally inconsistent to have a time limit of three years for ordinary personal injury claims, but a time limit of only two years for Criminal Injuries Compensation Authority claims? There is a reason why there are time limits—memories fade and evidence becomes less reliable—but does he agree that there should be consistency here?

[Laurence Turner]

My hon. Friend is very learned and experienced in these matters, and I wholeheartedly agree. The discrepancy is hard to explain, especially as the pre-1996 non-statutory scheme explicitly aligned the criminal injuries time limit with that for civil claims.

There is some evidence that victims who have legal representation often receive greater compensation than they would have done had they acted alone. That is not a desirable outcome, especially when people with more limited means are more likely to become the victims of crime. The scheme’s tariff has not been updated since 2012, and its upper and lower bounds had been frozen for many years before that, despite inflation. Indeed, the lowest tariff of £1,000 has remained frozen since 1992—a real-terms erosion of 54%.

The process can feel cold and impersonal. As one member of the public with recent experience of the scheme who wrote to me in advance of this debate put it, the lack of “timelines or guidelines” means that

“victims are continually left in limbo and retraumatised by a process that is meant to help.”

--- Later in debate ---

[Warinder Juss (Wolverhampton West) (Lab)]

It is a pleasure to serve under your chairship, Dr Murrison. I thank and congratulate my hon. Friend the Member for Birmingham Northfield (Laurence Turner) on securing this important debate and on his moving and eloquent speech. The fact that he only received £1,000 compensation for the very significant injuries he sustained is an indicator of the inadequacy of the scheme.

Throughout my career as a personal injury solicitor before I became an MP, and now as an MP, I have tried to be a steadfast advocate for access to justice so that victims of injury, including victims of crimes of violence, can receive suitable redress. Compensation for injury does not just represent a recognition of the harm inflicted upon victims but provides the support and financial redress necessary so that victims of injury can start to rebuild their lives.

I would like to follow on from what my hon. Friend the Member for Birmingham Northfield said about the criminal injuries compensation scheme. It is a national asset. It is there to compensate people who have been physically or mentally injured due to a violent crime, and those whose loved ones have died as a result of a crime of violence. But the scheme clearly needs reform. Too often, the system is falling short, leaving victims unsupported and failed. Too many are blocked from access to justice by an arbitrary time cap, and many are left behind by the long and confusing claims process.

The tariff system for assessing compensation means that victims are simply not properly compensated, and the compensation that they receive is inadequate in comparison with the injuries that they have suffered. They then have the problem of lodging an appeal, which again is very time-consuming and difficult, and yet another barrier to justice.

[Laurence Turner]

My hon. Friend is making a very informed speech, as did the hon. Members who spoke before him. Does he agree that, with each year that passes without re-examination of the tariffs, the gap will grow between the award that someone may be able to secure—if a perpetrator is identified and the victim is able to bring a civil case—and the compensation that they may receive through the scheme? Will that not add to the sense of frustration and injustice that many victims feel?

[Warinder Juss]

My hon. Friend makes a valid point. I remember dealing with criminal injuries compensation claims when they were assessed in the same way as personal injury claims. When the tariff system was introduced, it was apparent to us that it was simply inadequate.

The Government should commit to review the current two-year time limit, for the reasons I have mentioned. Often, police will recommend that victims wait to apply for compensation until after criminal proceedings have concluded so that trial outcomes are not prejudiced. That effectively means that the victim has no time to make a claim for compensation, because they are out of time by the time the criminal proceedings conclude.

The other problem that I hope the Minister will look at is that victims who have suffered traumatic injuries, or abuse such as child sexual abuse, do not come forward with their experiences until many years later, which means that they are automatically excluded from the scheme.

Another point that has not been raised so far in this debate is the requirement for the incident—the crime of violence—to have been reported to the police as soon as possible. In my experience, those working in hospitals and schools often report the violent incident to their line manager and believe that that is adequate for the matter to be reported. I totally understand the purpose of the scheme, in which the victim must co-operate with the police to secure a prosecution, but the requirement for the victim to report the matter to the police when the matter has already been reported elsewhere is a barrier. When I dealt with these claims, I often found that a claim was turned down because somebody working in a hospital or a school had reported the matter to their line manager, but not reported it to the police as soon as possible.

Although the system has an honourable purpose, it is not doing what it is meant to, because people are missing out on their chance to secure justice and redress for their injuries. In 2023-24, only 8% of injured victims of violent crime in the UK applied for compensation. Compensation for criminal injuries must remain an essential part of our justice system, but the current system is inadequate, slow and inaccessible for too many victims. It is clear that we need reform to ensure that those who suffer from violent crime are given the support and financial redress that they deserve so that they can move on and rebuild their lives.