Making A Claim For Domestic Abuse

The traditional idea of domestic abuse is of a man physically assaulting a woman. However, men, women and children can all be victims of domestic abuse, which has a much wider definition than physical violence alone.

It is a sad fact that perpetrators have used the pandemic and lockdown to heighten their abuse and control of their victims who became trapped at home with their abusers.

What is domestic abuse?

Domestic abuse is an incident or pattern of incidents of controlling, coercive, threatening, degrading and violent behaviour, including sexual violence. In the majority of cases, this is perpetrated by a partner or ex-partner but it can also be perpetrated by a family member or carer.

If you have been the victim of domestic abuse, you may be able to make an application for financial compensation from the Criminal Injuries Compensation Authority (CICA). The Criminal Injuries Compensation Scheme is a Government-funded scheme designed to compensate victims of violent crime in Great Britain.

A crime of violence is defined by the Scheme as a crime, which involves:

• A physical attack
• Any other act or omission of a violent nature that causes physical injury to a person
• A threat against a person, causing fear of immediate violence
• A sexual assault to which a person did not consent
• Fire raising or arson

Can you make a domestic abuse claim?

In order to be eligible to make a claim, you must have:

• Been the victim of a crime of violence within the above definition;
• Been ordinarily resident in the United Kingdom on the date of the incident; and
• Have reported the incident to the police and have co-operated with their investigation.

However, even if the person who assaulted you is not convicted or even caught, you can still make a claim.

You will not be eligible to make a claim, however, if you are still living with the person who abused you or if there is a chance that he/she will benefit from any compensation you receive.  You will also not be eligible to make a claim if you have any unspent convictions.

The Scheme compensates victims for injuries resulting from all crimes of violence, including terrorist attacks, not just those resulting from a domestic abuse scenario.

Time limits when making a claim

You must make an application to the CICA within two years of the incident occurring. The CICA is very strict on the time limits. If you wish the CICA to consider your application, more than two years from the incident date, you will need to provide them with evidence to show there were ‘exceptional circumstances’ why you could not have made your application within the two-year time limit.

You must also be able to provide supporting evidence for your claim that means that the claims officer can make a decision without further extensive enquiries.

What kinds of injuries can be compensated for?

The CICA may make compensation for the following and it is calculated in accordance with a tariff of injuries:

1. Mental or physical injury following a crime of violence;
2. Sexual or physical abuse;
3. Loss of earnings – where you have no or limited capacity to work as the direct result of a criminal injury then you may claim loss of earnings after 28 weeks subject to meeting certain criteria and there is also a cap on the weekly amount that can be claimed;
4. Special expenses payments – these cover certain costs you may have incurred as a direct result of an incident. You can only apply for special expenses if your injuries mean you have been unable to work or have been incapacitated to a similar extent for more than 28 weeks;
5. A fatality caused by a crime of violence including bereavement payments, payments for loss of parental services and financial dependency; and funeral payments.
6. You may be able to make a claim for a mental injury if you witnessed, and were present at, an incident in which a loved one was injured as the result of a crime of violence.