By Danielle Harmon. Last Updated 21st May 2024. Foster care abuse can have significant long-term effects on both the physical and psychological health of victims. Our guide provides an overview of who could be eligible to begin a claim following abuse in foster care and the different avenues through which you could direct your criminal injury claim.
You will also find guidance on how compensation for the abuse of foster children is calculated following a successful criminal injury claim.
The final section of this guide contains a brief examination of the No Win No Fee contract our panel of experienced sexual assault solicitors can offer their services under, and how you can benefit when making a claim for child abuse during your foster placement under these terms.
To get a no-cost, zero-obligation assessment of your eligibility to begin a claim or to ask any questions you may have regarding the claims process, you can reach our advisors 24/7 via these contact details:
- Call us on the number given above.
- Contact us through our website.
- Click the chat box in the bottom left corner of your screen.
Browse Our Guide
- How Can I Claim For Foster Care Abuse?
- How Long Do I Have To Claim For Child Abuse In Foster Care?
- What Compensation Can I Claim For Foster Care Abuse?
- Make A Claim For Foster Care Abuse Using A Specialised No Win No Fee Solicitor
- More Resources About Making A Physical Or Sexual Abuse Claim
How Can I Claim For Foster Care Abuse?
Foster care is a service, managed by local authorities, where vulnerable children who can no longer live with their birth families are placed in the home of an adult known as a foster carer. Foster care abuse is when a child has suffered physical abuse or emotional abuse from their foster family
There are several different avenues through which a criminal injury claim for foster care abuse could be made:
- You could claim directly against the perpetrator, if they have been identified and have the means the pay compensation. This could include foster carers or foster parents.
- You could claim against a vicariously liable third party, this may be an organisation that is responsible for your safety, if they failed in their legal obligation to protect you.
Can I Claim Through The Criminal Injuries Compensation Authority?
If neither of the above avenues is possible, you could claim through the Criminal Injuries Compensation Authority (CICA).
The CICA, an executive agency sponsored by the Ministry of Justice, was established to provide the victims of violent crimes, such as abuse survivors, a means of making a compensation claim.
Through their administration of the Criminal Injuries Compensation Scheme 2012, the CICA provides a means of claiming compensation for violent crimes. Sexual abuse is one such example of a violent crime the Scheme compensates for and is the focus of this guide.
The eligibility criteria to for making foster care abuse claims through the CICA are as follows:
- You were harmed in a violent crime that can be compensated for by the 2012 Scheme.
- The violent crime occurred in Great Britain.
- A report was filed with the police.
It is important to note that claiming through the CICA for sexual abuse in a foster home is intended as an avenue of last resort. If you can make a claim through other means, you should do so.
Our advisors can provide further advice on the eligibility criteria to begin a CICA claim if you suffered abuse by your foster carer, or claiming via a different avenue. Talk to our dedicated team using the contact details given above.
How Long Do I Have To Claim For Child Abuse In Foster Care?
In order to start a criminal injury claim for foster care abuse, certain time limits must be adhered to. However, the time limits applicable will differ depending on which avenue you take to make your claim.
Time Limits For Claims Through The CICA
The Sexual Offences Act 2003 defines sexual assault as the non-consensual sexual touching of another. Per the NSPCC, historic abuse, also referred to as non-recent abuse, is where an adult was abused as a minor.
In most cases, foster care abuse claims need to be started within 2 years. If the person was under the age of 18 at the time of the incident, they have:
- Until their 20th birthday, if the incident was reported to the police before they turned 18.
- Within two years of the incident first being reported to the police, if it was reported on or after their 18th birthday. This may be applicable to cases of historical abuse.
To get further insight into the relevant time limit for your potential CICA claim, contact our advisors today. You can speak to a member of our team 24 hours a day using the contact information given below.
Time Limits For Claims Against Social Services
Generally, you would have three years to begin your criminal injury claim against a vicariously liable third party.
However, exceptions can be made in some circumstances, such as if the person was under the age of 18 when the incident occurred, or if the person lacks the mental capacity to begin their own claim.
For further guidance on how long you have to start legal proceedings for foster care abuse, please get in touch using the number above.
An advisor can assess your case and may be able to connect you with one of the expert sexual abuse solicitors from our panel. They can ensure your criminal injury compensation claim is brought forward within the relevant time limits applicable to your specific case.
What Compensation Can I Claim For Foster Care Abuse?
If you make a successful claim for abuse in foster care, your settlement and what your compensation comprises will differ depending on how you filed your claim. In the following sections, we take a look at settlements for a criminal injury claim against a vicariously liable third party and compensation awarded from the CICA.
How Much Compensation For A Criminal Injury Claim Against An Organisation?
If you make a successful criminal injury claim for foster care abuse against a vicariously liable third party, your settlement may consist of two parts. These are:
- General damages are awarded for the physical and mental injuries suffered as a result of abuse in foster care. To help when calculating this part of your criminal injury claim, those responsible for doing so, may refer to the guidelines published by the Judicial College. This document provides a list of injuries with compensation guidelines for criminal injuries.
- Special damages are awarded in some cases for foster care abuse to compensate for the financial losses brought about by the incident. This may include lost wages for time off work recovering from the injuries, therapy, and medication costs. To recover special damages as part of a criminal injury claim, you will need evidence. This may include payslips and receipts.
In our table below, we look at how compensation could be awarded in a successful criminal injury claim for abuse in foster care. The first row looks at a potential settlement for both general and special damages. In the following rows, we provide a few figures from the 17th edition of the JCG. It should be noted that the top row was not taken from the JCG. As all claims for foster care abuse are different, these figures should only be used as guidance.
| Injury Type | Compensation Bracket | Notes |
|---|---|---|
| Sexual and/or physical abuse with other damages | Up to £500,000+ | Compensation for the physical and emotional effects of sexual and/or physical abuse with financial losses, such as lost income. |
| Sexual and/or Physical Abuse | £109,830 to £183,050 | Severe - The person has suffered seruous abuse and/or a severe and prolonged psychiatric injury. |
| £25,100 to £54,920 | Moderate - The abuse is less serious but prolonged. There is a less severe psychological reaction. | |
| £11,870 to £25,100 | Less severe - The abuse is a lower level of seriousness and short-lived. The psychological effects are mild or are resolved quickly. |
How Is Compensation For CICA Claims Calculated?
If you make a successful claim through the CICA for foster care abuse, your compensation will be based on the Tariff of Injuries found in the Criminal Injuries Compensation Scheme 2012. These are fixed amounts.
You can claim compensation for up to three injuries from the main tariff. However, this main tariff is subject to the multiple injuries formula. In a successful claim, you could receive:
- 100% of the tariff for the highest valued injury.
- 30% of the tariff for the next highest-valued injury (or one of equal value).
- 15% of the tariff for the third injury (or an injury of equal value).
In addition to the main tariff, there are other payments that are not subject to this formula that you could qualify for. If the criminal injury resulted in losing a foetus, becoming pregnant or contracting a sexually transmitted infection, an additional payment could be made.
Additionally, you may be entitled to a special expenses payment. This is for reasonable, necessary costs that occurred as a direct result of abuse in foster care. It can include:
- Replacement of property, if used as a physical aid that was relied on, damaged during the course of abuse in foster care. For example, if your eyeglasses were broken in the incident.
- Supervision costs to avoid substantial danger to yourself, others, or both.
- Care costs as related to your bodily functions or food preparation.
In addition to this, if the foster care abuse you suffered resulted in being unable to work, you might be eligible to receive compensation for your lost wages. However, you will need to meet certain eligibility criteria.
Our table below looks at a few figures that could be awarded from the CICA for abuse in foster care. The top row looks at how you could be awarded for the physical and mental injuries plus special expenses and loss of earnings. In the following rows, we look at a few examples of the tariff that could be relevant to foster care abuse. It should be noted that the figure in the top row is not from the Compensation Scheme tariffs. As various factors affect the outcome of CICA claims, this table is only to be used as a guide.
| Injury | Tariff Amount | Notes |
|---|---|---|
| Sexual assault with a Loss of Earnings and Special Expenses | Up to £500,000 | Sexual assault as well as lost income, administrative costs, domestic support and other special expenses. |
| Non-consensual penile penetration of anus, vagina and/or mouth. | £44,000 | Resulting in severe and permanently disabling mental illness and serious internal bodily injury. |
| £22,000 | Resulting in serious internal bodily injuries. | |
| Sexual Assault | £27,000 | Leading to a severely disabling permanent mental illness confirmed by psychiatric prognosis. |
| £8,200 | Frequent repetitive incidents of severe abuse over a period of 3 years or more. | |
| Other Payments | £22,000 | Infection with one or more of Hepatitis B, C or HIV. |
| £11,000 | Permanent disability resulting from infection with an STI other than Hepatitis B, C or HIV. | |
| £5,500 | Pregnancy as a result of a sexual offence. |
For advice on social services compensation payouts, speak to one of our advisors.
Make A Claim For Foster Care Abuse Using A Specialised No Win No Fee Solicitor
Before you can start a criminal injury claim for foster care abuse, you will need to check your eligibility to begin a claim. Our team of dedicated and experienced advisors can provide you with an assessment of your particular circumstances free of charge.
If eligible to claim, a sexual abuse claims solicitor from our expert panel who has experience handling foster care abuse cases could offer to take your claim under a Conditional Fee Agreement (CFA).
A CFA is a specific type of No Win No Fee contract that offers claimants distinct advantages. Firstly, there are no upfront fees required for your solicitor’s services as well as no ongoing costs for their work. There are also no fees to pay your solicitor for the work completed on your case if it fails.
If your claim succeeds, your solicitor will deduct a success fee from your compensation as a percentage which has a legal cap. Due to the cap, you can receive the majority of your awarded settlement.
For a zero-cost, no-obligation assessment of your eligibility to begin a claim or to ask any questions you may have regarding the claims process, you can reach our advisors 24/7 via these contact details:
- Call us on the number given above.
- Contact us through our website.
- Click the chat box in the bottom left of your screen.
More Resources About Making A Physical Or Sexual Abuse Claim
Read some of our other guides to making a CICA claim:
- Learn who could be eligible to start a CICA for sexual abuse from your wife here.
- Get advice for sexual school abuse claims with this guide.
- Find out who could be eligible to claim compensation for sexual abuse by a therapist with our helpful article.
External resources you may find useful:
- The Government has launched an Abuse in Education helpline that you can read about here.
- Access help and support after a crime with this webpage from the charity Victim Support.
- Get help after sexual assault with this guidance from the NHS.
Thank you for reading our guide to making a CICA claim following foster care abuse. Our advisory team can provide free and confidential claims advice, as well as a zero-obligation assessment of your eligibility to begin a claim for child abuse during your foster placement. Contact our team today using the details given above.
