Our guide to domestic violence compensation explains when and how you can make a criminal injury claim if you can’t sue the offender directly or where no vicariously liable third party was at fault.
The CICA, or Criminal Injuries Compensation Authority, exists to provide a compensation route for victims of violent crime in Great Britain. Our guide starts by explaining what the CICA does and what they can compensate you for.
We cover the important criteria that determine if a claim can be made through the CICA and discuss the compensation scheme the CICA uses to decide what a payout will consist of.
Lastly, we explain how a No Win No Fee solicitor from our panel can help. We know that the process could be difficult for the victim of domestic abuse, and our panel’s solicitors offer professional support with no upfront or ongoing fee for their work.
As well as reading through our guide, you can learn more by speaking to our advisors. As part of our free help service, we can help you understand if you have a valid case. To get started, either call our 24-hour number on 020 8050 2736 or contact us through our web form.
Choose A Section
- Can You Claim Domestic Violence Compensation?
- Read Our Research Into Domestic Violence
- How To Claim Domestic Violence Compensation Through The CICA
- Is There A Time Limit When Making A CICA Claim For Domestic Abuse?
- How Much Domestic Violence Compensation Could You Receive From The CICA?
- Why Claim For Domestic Abuse On A No Win No Fee Basis?
- Related Guides To Making A No Win No Fee Claim
Can You Claim Domestic Violence Compensation?
Many people who have suffered domestic abuse can seek compensation to help deal with its effects. If no other route is available, a person affected by domestic violence can make a CICA claim. For example, if the perpetrator does not have the funds to provide compensation, it wouldn’t be possible to claim against them directly. In these instances, the CICA offers an alternative.
The CICA is a government agency that can review and potentially pay compensation to people who have suffered physical or emotional injury because of a violent crime in Great Britain.
CICA payouts are worked out using a fixed set of tariffs found in The Criminal Injuries Compensation Scheme 2012 (the 2012 Scheme). If you claim through the CICA, you can request compensation for up to three injuries caused directly by the crime. Later in this guide, we will go into further detail about the domestic violence compensation you could receive.
What Are You Able To Claim Compensation For With The CICA?
Emotional abuse, such as demeaning criticism, or financial abuse, including coercive control of the victim’s bank account, are all valid examples of domestic abuse. However, the CICA only offers a compensation route to victims of violent crime.
The CICA’s definition of a crime of violence covers physical abuse, sexual assault or a threat causing fear of immediate violence. This means that you would be able to claim for the likes of broken bones, severe disfigurement or lacerations, or physical injuries caused by sexual assault.
You can also claim for a mental injury, such as Post-Traumatic Stress Disorder or depression. To do so, you may need to visit a psychiatrist or clinical psychologist so they can assess the psychological symptoms and provide a medical diagnosis.
The CICA will also consider whether the harm was caused by a solitary incident, numerous assaults or a pattern of violence.
Furthermore, you could claim for the financial effect of the domestic violence, such as loss of earnings caused by time taken off work.
Please call if you’d like more information on domestic violence claims and we’ll help you learn if your case can be heard by the CICA.
Read Our Research Into Domestic Violence
We recently submitted a Freedom of Information Request to a number of UK police districts to confirm how many cases of domestic abuse were reported in 2022 and 2023.
Among the many headlines of this investigation were news that:
- 63,842 cases were reported in the West Midlands.
- The 12,130 domestic abuse reports in North Wales made up 21% of all criminal cases in the region.
- 28% of victims in Kent were male.
- Around 164 cases of domestic violence occur on average every day across West Yorkshire.
Our research on domestic abuse and violence is ongoing, you can read more details in our report by clicking the link.
How To Claim Domestic Violence Compensation Through The CICA
You can make a CICA claim for domestic violence compensation if certain criteria are met:
- You must show that you were the victim of a crime of violence. Among the many forms of violent crime are sexual assault, attempted murder or grievous bodily harm, all of which can appear in domestic violence cases.
- The incident needs to have taken place in England, Scotland, Wales or another relevant place. For example, British-controlled aircraft and naval vessels are considered to be relevant places.
- You must meet the CICA’s residency and nationality requirements.
- The CICA require that you report the incident to the police. When you do so, collect a crime reference number.
If you’d like to know more about what you need for a CICA compensation claim, please call our helpline at any time for dedicated guidance.
Can You Still Claim If Your Assailant Is Not Convicted?
When you claim for domestic abuse, you do not have to prove that the assailant is guilty. You also do not have to wait for them to receive a criminal conviction. This is important to remember, bearing in mind the time limit for claiming compensation that we discussed earlier.
As long as the issue has been reported to the police, you can start a case. The CICA will liaise with the police to collect evidence. While the offender has to be considered guilty beyond reasonable doubt in a criminal court, the CICA’s decision is based on the balance of probability.
Please call today if you have suffered domestic violence and want to claim compensation. We offer confidential advice and guidance on how a criminal injury claim solicitor could help you.
Is There A Time Limit When Making A CICA Claim For Domestic Abuse?
Generally, you have two years from when the incident happened to submit a claim to the CICA. The CICA also expects the crime to have been reported to the police as close to the incident date as reasonably possible.
However, this time limit includes the understanding that it may not be possible for some to start domestic abuse claims in the expected window.
Many victims of domestic violence are stuck in a violent or abusive relationship or live with the spouse or family member responsible for the abuse. They may be unable to submit a police report or claim as a result. The CICA can take this into account.
A child cannot claim for themselves before they turn 18, so they need to submit their claim:
- By their 20th birthday in cases where the incident was reported to the police before they turned 18.
- Within two years from the date the incident was first reported to the police, if the incident was reported on or after their 18th birthday.
You can get in touch with us to see if you have a valid CICA claim, so please call today.
How Much Domestic Violence Compensation Could You Receive From The CICA?
You might be wondering how much compensation for domestic violence you might receive if your claim succeeds. Compensation for any injuries is calculated using the fixed tariff amounts from the 2012 Scheme.
Claiming for up to three injuries is possible, though the CICA has a multiple injuries formula in place that affects what you receive for each injury:
- You receive 100% of the amount shown in the Scheme for the highest-valued injury.
- 30% of the tariff figure is given for an equally valued injury, or one with the second-highest value.
- 15% of the set tariff amount goes to the third-highest valued injury, or the one with an equal value to at least the second-highest.
If the abuse causes you to become pregnant, lose a foetus or contract a sexually transmitted infection, a separate payment that is unaffected by the formula can be awarded during your domestic violence claim.
The CICA may ask you to provide medical evidence to help with the calculations. You can ask for a copy of your health records when you receive medical treatment.
CICA Table
The table below looks at examples of domestic violence compensation, using the 2012 Scheme. The figures included are fixed amounts. The top entry is not from the Scheme.
TARIFF | SEVERITY | COMPENSATION | NOTES |
---|---|---|---|
Multiple Serious Injuries And Further Expenses | Very Severe | Up to £500,000 | The CICA awards a payout for three severe injuries, in addition to special expenses for financial effects of domestic violence. This includes replacing physical aids and lost work earnings. |
Hand | Loss or Equivalent Loss of Function | £55,000 | One dominant hand is impacted. |
Mental Injury | Permanent Mental Injury | £27,000 | A seriously disabling illness, as confirmed by a diagnosis or prognosis from a psychologist or psychiatrist. |
Eye | Loss of Sight | £22,000 | A loss of sight in one eye. |
Ankle | Fractured Or Dislocated | £16,500 | Both ankles are fractured or dislocated, with continuing significant disability. |
Scarring | Face | £11,000 | Serious facial disfigurement. |
Neck | £4,600 | Serious disfigurement of the neck. | |
Physical Abuse Of Adults, Including Domestic Abuse | Persistent Pattern Of Severe Abuse | £8,200 | The pattern of abuse lasts for more than three years. |
Severe Abuse | £5,500 | A pattern of repetitive violence that leads to minor disfigurement. | |
Serious Abuse | £2,000 | Physical assault on an intermittent basis. It leads to an accumulation of healed burns, scalds or wounds with no appreciable disfigurement. |
Special Expenses
Further to compensation for mental or physical injury, the CICA may compensate for particular costs a victim may have incurred because of a crime, referred to as special expenses. These must be reasonable and unavailable for free elsewhere. This can include, but isn’t limited to:
- Replacing physical aids like spectacles or dentures that were damaged during the incident.
- Special equipment required because of the attack; for example, a wheelchair.
- Adaptation of accommodation, such as the installation of a wheelchair ramp.
Additionally, you could receive a loss of earnings payment if you were unable to work due to your injuries. However, there are certain criteria that need to be met to qualify for this payment.
For more information on claiming a loss of earnings or special expenses payment, please get in touch on the number above.
Why Claim For Domestic Abuse On A No Win No Fee Basis?
Our panel’s solicitors are experts in handling CICA claims. They are committed to making the process of claiming compensation as straightforward and stress-free as possible for their clients.
If a solicitor takes your case, they offer a Conditional Fee Agreement. This means that they agree not to charge solicitor fees before or during the case. As a type of No Win No Fee agreement, it also ensures that you do not pay for their work if the CICA rejects the claim.
Your solicitor will take a percentage of your compensation as their success fee if the claim succeeds. The Conditional Fee Agreements Order 2013 puts a legal cap on the percentage of compensation that a solicitor can collect as their success fee. As such, you can keep the majority of your award.
If you have questions or want to claim compensation for domestic abuse, just call today. Survivors of abuse deserve the opportunity to seek domestic violence compensation for their physical pain or mental suffering, and we are here to help.
Remember, it’s free to call our helpline, and you can do so any time. Just call us on 020 8050 2736 or fill in this contact form so we can phone you at a suitable time.
Related Guides To Making A No Win No Fee Claim
We provide legal expertise in many different areas so have provided links to our other claims guides below:
- Guidance on accidents in a public place and how to make a public liability claim.
- Learn about road traffic accident compensation claims and find answers to frequently asked questions.
- Information on accident at work claims and when you can sue for a workplace injury.
Here are some resources that could give some useful background information about domestic violence:
- The Crown Prosecution Service (CPS) provides domestic abuse definitions and guidance.
- Helpful information and support for victims from Women’s Aid.
- Guidance on getting help for domestic abuse from GOV.UK.
Thank you for reading our guide. Please call to discuss domestic violence compensation or to have your possible claim looked at.