Asked by: Liz Saville Roberts (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what estimate his Department has made of the number of people that would be eligible to make new Criminal Injuries Claims if the general two-year time limitation for was extended to (a) three, (b) four, (c) five and (d) over five years.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The Government is committed to ensuring every victim gets the compensation to which they are entitled, which is part of the wider package of general and specialist support available to victims of crime. The government-funded Criminal Injuries Compensation Scheme 2012 (the Scheme) exists to compensate for serious physical or psychological injury attributable to being a direct victim of a crime of violence.
Under the 2012 Scheme there is a general time limit of two years from the date of the incident giving rise to an injury to apply for compensation under the Scheme. In the 2012 Scheme we introduced separate provisions for applicants who were aged under 18 years at the time they sustained the injury that is the subject of their claim. In these circumstances, if the incident was reported to the police before the applicant reached 18, an application must be made before their 20th birthday. If the incident was reported after their 18th birthday, an application must be made within two years of the date it was first reported. Additionally, the claims officer must be able to determine the case on the evidence provided without further extensive enquiries. In all cases where a claim is made outside of the applicable time limit they can be considered in exceptional circumstances and where claims officers can determine the case on the evidence provided without further extensive enquiries.
Our recent review of whether the Scheme could be simpler and more accessible for victims of violent crime, considered how the time limits are working. Our 2020 consultation set out our findings that the current rules appeared to allow sufficient opportunity for the majority of victims to make a claim for compensation. The consultation included analysis of a three-year caseload data set which showed that the proportion of claims refused on the grounds of being “out of time” was small compared to refusals on other grounds, and that the exceptional circumstances discretion was working well. 18% of personal injury cases were submitted outside the two-year time limit, and of these 63% went on to receive an award. Data demonstrated that of all rejected personal injury cases, only 4% (approximately 1,700 cases over the three year period) were rejected for being outside the two-year time limit.
The Independent Inquiry into Child Sexual Abuse (the Inquiry) published its final report on 20 October 2022. We are considering carefully one of the concluding recommendations to extend the time limit for victims of child sexual abuse to seven years.
Our conclusion to the Scheme review and response to the Inquiry’s report will be shared in due course.
Asked by: Liz Saville Roberts (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment he has made of the adequacy of the two-year time limitation for Criminal Injuries Claims for providing financial redress for victims of historical crimes.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The Government is committed to ensuring every victim gets the compensation to which they are entitled, which is part of the wider package of general and specialist support available to victims of crime. The government-funded Criminal Injuries Compensation Scheme 2012 (the Scheme) exists to compensate for serious physical or psychological injury attributable to being a direct victim of a crime of violence.
Under the 2012 Scheme there is a general time limit of two years from the date of the incident giving rise to an injury to apply for compensation under the Scheme. In the 2012 Scheme we introduced separate provisions for applicants who were aged under 18 years at the time they sustained the injury that is the subject of their claim. In these circumstances, if the incident was reported to the police before the applicant reached 18, an application must be made before their 20th birthday. If the incident was reported after their 18th birthday, an application must be made within two years of the date it was first reported. Additionally, the claims officer must be able to determine the case on the evidence provided without further extensive enquiries. In all cases where a claim is made outside of the applicable time limit they can be considered in exceptional circumstances and where claims officers can determine the case on the evidence provided without further extensive enquiries.
Our recent review of whether the Scheme could be simpler and more accessible for victims of violent crime, considered how the time limits are working. Our 2020 consultation set out our findings that the current rules appeared to allow sufficient opportunity for the majority of victims to make a claim for compensation. The consultation included analysis of a three-year caseload data set which showed that the proportion of claims refused on the grounds of being “out of time” was small compared to refusals on other grounds, and that the exceptional circumstances discretion was working well. 18% of personal injury cases were submitted outside the two-year time limit, and of these 63% went on to receive an award. Data demonstrated that of all rejected personal injury cases, only 4% (approximately 1,700 cases over the three year period) were rejected for being outside the two-year time limit.
The Independent Inquiry into Child Sexual Abuse (the Inquiry) published its final report on 20 October 2022. We are considering carefully one of the concluding recommendations to extend the time limit for victims of child sexual abuse to seven years.
Our conclusion to the Scheme review and response to the Inquiry’s report will be shared in due course.
Asked by: Liz Saville Roberts (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department is taking steps with the (a) Police and (b) Crown Prosecution Service to raise awareness of Criminal Injuries Claims in those eligible to make such claims.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Under the Code of Practice for Victims of Crime, victims are entitled to be told about how to claim compensation for any loss, damage or injury caused as a result of crime. Victims injured by violent crime are also entitled to be told by the police how to apply for compensation through the Criminal Injuries Compensation Scheme (the Scheme).
The draft Victims Bill will send a clear signal about what victims can and should expect from the criminal justice system and includes measures to increase oversight of delivery of services to victims by criminal justice agencies including the police and the Crown Prosecution Service.
The Criminal Injuries Compensation Authority, which administers the Scheme, also provides awareness sessions to stakeholders, including the police, who deliver frontline services to victims of violent crime.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will review the criteria for awarding compensation for criminal injuries in order for psychological harm caused by stalking to be adequately recognised.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The government-funded Criminal Injuries Compensation Scheme 2012 (the Scheme) exists to compensate for serious physical or psychological injury attributable to being a direct victim of a crime of violence. As the Scheme is publicly funded, strict eligibility criteria apply.
When assessing applications, the Criminal Injuries Compensation Authority, which administers the Scheme, must be satisfied that injuries were sustained from a "crime of violence", which has a specific meaning under Annex B of the Scheme. In addition to crimes involving physical or sexual assault, the definition also includes threats against a person which caused fear of immediate violence in circumstances which would have caused a person of reasonable firmness to be put in such fear. Injury from behaviour that constitutes stalking, without physical contact, would be eligible if it fell within this definition.
In 2020, we held a public consultation on proposals to make claiming compensation simpler and more accessible for victims of violent crime. Within this, we considered whether the current definition of a crime of violence for the purposes of the Scheme reflects the changing nature of violent crime. Our conclusions and proposals for reform of the Scheme will be shared in due course.
Asked by: Vicky Foxcroft (Labour - Lewisham, Deptford)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether victims of sexual assault can claim compensation for emotional distress in cases where court hearings have been delayed due to a backlog in cases.
Answered by Rachel Maclean
Under the Victims’ Code, all victims are entitled to be informed about the progress of their case in the system and to be provided with information about compensation. Victims of sexual assault may be eligible for compensation under the Criminal Injuries Compensation Scheme, but only for physical or mental injury which is a direct result of the crime. Victims may also receive court ordered compensation to be paid by the offender.
As a result of our decisive action to tackle the challenges the pandemic created for users of the justice system, we had seen the Crown Court backlog fall from 60,400 in June 2021 to 59,000 in June 2022. However, the barrister strike action has begun to undermine this process, disrupting the courts, and seeing victims face further delays.
In recognition of the crucial support which victims need to help them cope and recover from the trauma of these violent and abhorrent crimes, we will increase funding for victim and witness support services to £192m by 2024/25 - an uplift of 92% on core budgets from 2020/21. It is our aim for these measures to help to ensure that high quality support is available to victims when needed, and we are also using additional ringfenced funding to increase the number of ISVAs and IDVAs by 300 to over 1000 by 2024/25 - a 43% increase on the number of ISVAs and IDVAs over the next three years.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 26 May 2022 to Question 5346 on Roads: Accidents, if he will publish further details on the schemes available to provide compensation and support to victims and families of road crash fatalities.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Fatal Accidents Act 1976 provides for an award of bereavement damages to certain family members which could be applied for in relation to road traffic accident fatalities. The size of the award is set by legislation and is currently £15,120.
Victims and bereaved families may be eligible to apply to the Government-funded Criminal Injuries Compensation Scheme (the Scheme), which exists to compensate for serious physical or mental injury attributable to being a direct victim of a crime of violence. Bereavement and other payments are also available to qualifying relatives in fatal cases. As the Scheme is publicly funded, strict eligibility criteria apply. For the purposes of eligibility, an incident involving a vehicle will amount to a crime of violence only where the vehicle was used with intent to cause injury to a person.
Asked by: Anna McMorrin (Labour - Cardiff North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether bereaved families are still entitled to claim compensation under the rules of Directive 2004/80/EC following the UK's departure from the EU.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
EU Directive 2004/80/EC provides for EU Member States to have reciprocal compensation schemes for victims of violent crime or other persons affected by such a crime.
Following the UK’s withdrawal from the EU in December 2020 any such agreements have now ended. The 1983 Council of Europe Convention on compensation for victims of violent crimes (‘the Convention’) remains applicable and has requirements in place for assisting victims of violent crime. Where the crime was committed in an EU Member State, UK victims of violent and bereaved families may be eligible to apply to the compensation scheme in that State, under the Convention.
EU and EEA nationals can continue to apply for compensation in the UK, under the 2012 Criminal Injuries Compensation Scheme, including those not party to the Convention.
Asked by: Anna McMorrin (Labour - Cardiff North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether the Criminal Injuries Compensation Authority (CICA) continues to facilitate bereaved families applying to the state where the crime occurred; and whether the EU Compensation Application Team (EUCAT) continues to exist within CICA to facilitate applications in a foreign language.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
EU Directive 2004/80/EC provides for EU Member States to have reciprocal compensation schemes for victims of violent crime or other persons affected by such a crime. Under the requirements of the Directive, the Criminal Injuries Compensation Authority (CICA) provided support to British citizens seeking to apply for compensation from EU Member States through its EU Compensation Assistance Team (EUCAT).
Following the UK’s withdrawal from the EU in December 2020 any such agreements have now ended. The 1983 Council of Europe Convention on compensation for victims of violent crimes (‘the Convention’) remains applicable and has requirements in place for assisting victims of violent crime. Where the crime was committed in an EU Member State, UK victims of violent and bereaved families may be eligible to apply to the compensation scheme in that State, under the Convention.
CICA’s EUCAT continues to exist and where the application was received on or prior to 31 December 2020, provides support to British citizens (including bereaved families) applying to the state where the crime occurred and assists with applications in a foreign language. Where the applicant meets the basic eligibility criteria this includes providing the appropriate application form and information about how to complete this, providing guidance on any supporting material which is necessary, forwarding the completed application form to the relevant authority where the injury occurred and providing information on how to respond to requests for further information. The EUCAT also facilitates the translation of documents where applications are made in a foreign language. CICA no longer provides this support for any applications received after 31 December 2020 following the UK’s withdrawal from the EU.
Under the 2012 Criminal Injuries Scheme, EU and EEA nationals can continue to apply for compensation in the UK, including those not party to the convention.
Asked by: Kate Kniveton (Conservative - Burton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when his Department plans to respond to the Criminal Injury Compensation Scheme Review 2020.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
I am grateful to all who took the time to contribute views to our consultation following a review of the Criminal Injuries Compensation Scheme. Our proposals aim to make claiming compensation simpler and more accessible for victims of violent crime.
We are carefully reviewing responses and will aim to publish the Government’s response in due course.
Asked by: Anna McMorrin (Labour - Cardiff North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many victims of childhood sexual abuse have (a) been refused compensation by the Criminal Injuries Compensation Scheme and (b) had a compensation award reduced as a result of their criminal record.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The statutory Criminal Injuries Compensation Scheme 2012 (the Scheme) requires that awards are withheld where the applicant has an unspent conviction of a specified type, including custodial sentences and community orders. Where the applicant has a different type of unspent conviction, the Scheme requires that any award is withheld or reduced unless there are exceptional reasons not to do so.
In the 3-year period between 12 March 2019 and 11 March 2022:
The above figures relate to finalised claims which were submitted on or after 1 February 2015. The data is not available in connection with claims submitted prior to that date. While the incident happened during childhood, many applications are submitted in adulthood. Applications may have more than one refusal reason.