Court of Appeal overturns ‘same roof’ rule in claims to the CICA

The Court of Appeal have unanimously declared the ‘same roof’ rule incompatible with article 14 of the European Convention on Human Rights (“the Convention”) and opened the way to compensation claims from victims of abuse perpetrated by family members living together before October 1979. Continue reading

Accountability & Reparations – Preliminary Hearing

A preliminary hearing was recently held to provide an update on the work of the Accountability & Reparations Investigation and to discuss the necessary preparations for the November/December hearing.  Continue reading

IICSA’s Interim Report – An Overview

Over the last few weeks we have provided updates on the publication of the IICSA’s first two investigation reports – Rochdale and Child Migration. This week the IICSA published their Interim Report (“the Report”) as required by their Terms of Reference. The Report brings together the IICSA’s work to date following the five public hearings held, two investigation reports and a series of seminars discussing issues relevant to child sexual abuse. Continue reading

New guidelines on criminal injuries compensation for abuse victims

The Criminal Injuries Compensation Authority (CICA) has announced new guidelines on compensation for abuse victims.  A key topic in these guidelines is the approach to be taken to the issue of consent.

Last July five charities – Barnardo’s, Victim Support, Liberty, Rape Crisis and the National Working Group wrote to the justice secretary David Lidington stating that the CICA was refusing applications from victims as young as 12, claiming they were ‘consenting’ to abuse, even though the perpetrators of the abuse had been convicted.

The CICA deals with ‘compensation claims from people who have been physically or mentally injured because they were the blameless victim of a violent crime in England, Scotland or Wales’.

It has been reported that there are hundreds of victims who have been refused compensation on the basis of arguments about consent, including a Rotherham child sexual abuse victim.

Following the reports, the CICA carried out an internal review on applications for compensation for sexual abuse victims. The findings of the review have prompted the CICA to publish new guidelines stating “even if it appears that the minor expressed consent to the acts in question, it cannot be assumed that this was given because the child wanted to engage in sexual activity as this may actually be a symptom of coercive control. The surrounding circumstances always require to be investigated as these may indicate that the situation was abusive and the consent was not true consent”.

The CICA has confirmed it has new safeguards in place and that all ‘complex’ claims for compensation from victims of sexual abuse will be referred to CICA lawyers. It also suggests that it is improving training for its staff in this area.

Written by Nicola Aspinwall, solicitor at BLM