How Much Child Abuse Compensation Could I Receive?
By Stephen Hudson. Last Updated 21st August 2024. If you have been the victim of child abuse, you may be eligible to claim compensation. Alternatively, you may be able to start a claim on behalf of your child if they’ve experienced such abuse.
In this guide, we look at how to make a child abuse compensation claim. We’ll explain how you may be able to claim through the Criminal Injuries Compensation Authority (CICA). Other aspects of making a claim, including time limits and potential amounts of compensation for victims of abuse are also covered.
If you have any questions about child abuse claims, get in touch with our advisors. To speak to us:
- Call on 0800 073 8804.
- Start your claim online.
- Use the live chat at the bottom of the screen.
You can also watch our video below which explains the key takeaways from our guide:
Select a section:
- Child Abuse Compensation Payouts
- What Is Child Abuse?
- How To Begin A Child Abuse Compensation Claim
- How Long Do I Have To Claim Compensation For Abuse?
- Do I Need Evidence To Claim Compensation For Abuse?
- Can I Claim If My Child Has Been Sexually Abused?
- No Win No Fee Child Abuse Solicitors
Child Abuse Compensation Payouts
When successful child abuse claims are made through the CICA, compensation is awarded via a fixed tariff set out in the Criminal Injuries Compensation Scheme 2012. For cases where multiple injuries have been sustained, the payouts are valued according to the multiple injuries formula in the following increments:
- 100% of the tariff amount for the highest value injury.
- 30% for the second highest value injury.
- 15% for the third highest value injury.
Separate tariff payments not subject to the multiple injuries formula can be made if the victim has contracted a sexually transmitted infection (STI), become pregnant or lost a foetus as a result of the abuse.
Compensation tariffs that can apply to a child abuse claim include the following:
- If you are claiming for multiple instances of very serious abuse plus special expenses, then you may receive up to £500,000 in compensation. Such a payment is not based on any specific tariff. You can learn more about special expenses in the next section of this guide.
- If you’re claiming for non-consensual penile penetration which causes severe and permanently disabling mental illness plus a serious internal injury, the tariff amount is £44,000.
- For non-consensual penile penetration which causes moderate and permanently disabling mental illness and a serious internal injury, the tariff amount is £33,000.
- When claiming for repeated incidents of non-consensual penile penetration that have lasted over 3 years, the tariff amount is £22,000.
- For sexual assault that has caused severe mental illness, the tariff amount is £27,000.
- If you’re claiming for sexual assault that has caused a serious internal injury, then the tariff is set at £22,000.
- When claiming for one sexual assault incident, the tariff is £4,400.
- For a persistent pattern of physical abuse experienced as a child that caused multiple severe injuries, a tariff of £13,500 is offered.
- If claiming for a persistent pattern of physical abuse experienced as a child that caused multiple moderate injuries, a tariff of £5,500 is offered.
Please note, that the first entry has not come from the CICA tariff.
Loss of Earnings And Special Expenses Payments
You may receive loss of earnings payments as part of your child abuse compensation payout if you require time off work due to the abuse you have experienced. There are certain eligibility criteria that need to be met in order to claim loss of earnings so you should speak to advisors to check what payments you’re entitled to.
A compensation payout could also include special expenses payments. These are for certain costs incurred as a result of the abuse suffered. We have included a few examples here:
- Repairs or replacements to personal aid equipment that was damaged in the incident.
- Care costs relating to your bodily functions or food preparation.
- Equipment needed to cope with your injuries.
As with claiming loss of earnings, there are certain eligiblity criteria that will need to be met. So, for more information on claiming criminal injury compensation or a free assessment of your eligibility, contact our advisors today.
What Is Child Abuse?
Child abuse refers to physical and psychological abuse made against children. It could include smacking or hitting a child, verbal or emotional abuse, or sexual abuse. This abuse could be inflicted by another child or an adult, such as a parent or guardian.
According to the child protection charity, NSPCC, child abuse can happen online as well as in person.
Here at Legal Expert, we’ve conducted our own research into the rates of child abuse, specifically physical abuse inflicted by parents and guardians. This abuse focuses on the physical side, such as smacking, which has been reported in the media recently as a growing concern.
You can discover the results of our research here.
How To Begin A Child Abuse Compensation Claim
There are several different ways to seek compensation for abuse. You could make a claim directly against the perpetrator or a vicariously liable party. However, if neither of these avenues are viable, you could make a claim through the Criminal Injuries Compensation Authority (CICA) if you have proof that you meet the eligibility criteria.
The criteria that must be meet to claim compensation for victims of abuse through the CICA includes:
- The incident must have been reported to the police. You will need your police reference number to show this has been done.
- You will need to adhere to the time limits.
- The incident must have taken place in England, Wales, Scotland or another relevant place.
- You must have suffered a mental or physical injury in a crime of violence. The CICA’s definition of a crime of violence includes sexual assault.
Although you require your police reference number to start a claim, you do not need to wait for a conviction, or for the assailant to be caught. The CICA will liaise with the police to help assess your claim.
To find out if you meet the eligibility criteria to claim for a criminal injury, speak with one of our advisors for a free case assessment.
How Long Do I Have To Claim Compensation For Abuse?
If it’s known who the abuser is, it can sometimes be possible to make a claim directly against them. However, this depends on factors such as whether the assailant:
- Is identified and caught
- Has the funds to pay the compensation
If a claim is made directly against the assailant, then the time limit is generally 3 years from the date the child turns 18. This means that the claim must be started within this period of time. However, there can be exceptions.
Prior to the child reaching adulthood, the time limit is suspended. For child claims during this suspended period, a litigation friend must be appointed to claim on behalf of the child.
If the above is not applicable, a claim could still potentially be made through the CICA. The CICA is funded by the government and pays compensation according to a fixed tariff in the Criminal Injuries Compensation Scheme 2012.
If you wish to claim compensation for abuse through the CICA, you generally have a 2-year time limit from the date of the abuse. However, each case is judged on a case-by-case basis. In other words, this time limit is not necessarily absolute. For instance, you may have felt emotionally overwhelmed or unsafe due to the thought of coming forward. Historical abuse claims can sometimes be made outside the 2-year window.
If you’d like the assistance of our child abuse solicitors in making a historical abuse claim, get in touch today.
Do I Need Evidence To Claim Compensation For Abuse?
If you are seeking abuse compensation through the CICA, you will need to provide specific forms of evidence. These are:
- A police reference number, to prove that the incident was reported.
- Proof that you meet the residency requirements.
- Medical evidence regarding your injuries.
It is important to note that when you are making a claim through the CICA, they will be able to liaise with the police for any additional information they may need regarding the incident.
If you are seeking compensation for abuse from a vicariously liable party, the evidence you may need to submit could differ. If you need more information about claiming criminal injuries compensation for physical violence, you can contact an advisor from our team who can help.
Can I Claim If My Child Has Been Sexually Abused?
You may be wondering who can claim child abuse. Not only can the survivor of the abuse claim, but if you are a guardian or parent of a child that has been abused, you can also make a claim. If a loved one has died due to abuse or does not have the mental capacity to make their own legal decisions, you may also be able to claim on their behalf.
It does not matter who the abuser was, even if it was an organisation that was responsible for the safety of your child yet failed to protect them.
It may have been someone in a position of authority of trust who took advantage of this. All that matters is being able to show that someone else abused you, your child, or a loved one. Adults could make child abuse claims on behalf of children affected by sexual abuse.
Call our advisors to learn more about child abuse settlements.
No Win No Fee Child Abuse Solicitors
When making a claim through the CICA for the abuse you suffered as a child, then you could choose to contact us about getting support from a solicitor. We can review your case, and if we determine you have a strong claim and you’re happy to go forward with it, we could then connect you with one of our No Win No Fee solicitors.
Our No Win No Fee solicitors can support child abuse compensation claims under what’s called a Conditional Fee Agreement (CFA). Under such an agreement, you will not have to pay for their services upfront or while your claim is being processed. Another benefit is that you won’t need to pay your solicitor for the work they have provided if your claim proves unsuccessful.
If the solicitor wins your case, they will take a success fee from your compensation payout before transferring the rest to you. Since the maximum percentage that can be charged is capped, you will receive the most of any awarded compensation.
You are welcome to contact our advisors on the phone or online at any time if you would like to learn more about claiming with a No Win No Fee solicitor. To reach our team, you can:
- Call us on 0800 073 8804
- Start your claim with our online form.
- Use our 24/7 live chat service.
Child Abuse Claims – Other Resources And Guides You Can View
Other guides you may find helpful:
- How Much Compensation For Sexual Abuse?
- How Much Compensation For Rape Victims?
- Personal injury
- Criminal Injury Compensation Claim
- Claim for Sexual Abuse by a Stepfather
- Burglary compensation
- Child Care Home Sexual Abuse Compensation Claims Guide – How To Claim?
Additional links you might find useful: