Child Abuse Compensation Scotland

CICA Compensation for Child Abuse Survivors

The Criminal Injuries Compensation Scheme covers injuries resulting from violent crime — including physical and sexual assault. Survivors of childhood abuse can apply for CICA compensation regardless of whether the perpetrator has been convicted, is known or is still alive. The CICA will require evidence of the abuse from police records and medical evidence of the resulting injury. Both physical and recognised psychological injuries are compensable.

Time Limits for Child Abuse CICA Claims

The standard CICA two-year application period is modified for childhood abuse. Where the applicant was a child at the time of the abuse, the period generally begins when they reach adulthood or when they report the abuse to the police — whichever is later. The CICA also has a discretion to accept applications outside the two-year period where there is a good reason for the delay — as is frequently the case in historic abuse matters. Specialist legal advice is essential to navigate these rules.

Types of Child Abuse Covered

CICA claims for child abuse can arise from:

• Physical abuse — sustained physical violence causing injury
• Sexual abuse — assault by penetration or other sexual violence
• Institutional abuse in residential care — children's homes, secure units
• Abuse in educational settings — boarding schools, religious schools
• Abuse in faith settings — churches, mosques, other religious organisations
• Abuse by carers, foster carers or family members

Psychological Injury Claims

The psychological impact of childhood abuse — including PTSD, complex PTSD, depression, anxiety disorders and the lasting effects on relationships and life opportunities — can be the primary or most significant element of a claim. A diagnosis from a psychiatrist or clinical psychologist is required. In childhood abuse cases, the CICA tariff can award significant sums for recognised psychological conditions, particularly where the abuse was sustained over a long period.

Civil Claims Against Institutions

Where childhood abuse occurred in an institutional setting — a residential care home, school, church or local authority facility — it may be possible to bring a civil claim against the institution for a failure of duty of care or vicarious liability for the acts of its employees or volunteers. These claims face significant limitation period challenges, as they often concern events many decades ago. The court has a discretion under the Prescription and Limitation (Scotland) Act 1973 to allow late claims where it is equitable to do so, having regard to reasons for the delay, the prejudice to the defender, and the cogency of the evidence available.

Support and Confidentiality

We understand that coming forward about childhood abuse requires significant courage. All enquiries are handled in complete confidence. We work at the pace that is right for you and can liaise with your support worker, counsellor or other professionals involved in your care. Making a legal claim does not prevent you from continuing with therapeutic support — in many cases, a formal process can assist your journey toward acknowledgment and redress.