Recommendations - Accountability and Reparations investigation report
These recommendations were made in the Accountability and Reparations investigation report.
Revision of the Victims’ Code
Recommendation
The Ministry of Justice should revise the Victims’ Code to make clear that victims and survivors of child sexual abuse must be advised by the police that:
a. They are entitled to seek civil compensation through the civil courts and, if they wish to do so, should seek legal advice - they should be signposted to specialist lawyers identified by the Ministry of Justice.
b. They are entitled to assistance completing any application to the CICA, should they require it. Such assistance should be provided by Independent Sexual Violence Advisers or other suitably qualified and trained persons.
c. At the conclusion of any criminal proceedings, the court may make orders for the payment of criminal compensation by convicted offenders to their victims.
d. They are entitled to be referred to organisations supporting victims of sexual abuse. They should be signposted to the support services available in their local area.
The College of Policing should make changes to its guidance (currently Authorised Professional Practice) to require police officers to provide oral and written information on each of these matters.
The Ministry of Justice should also provide further information on how the new compliance framework, and any other developments, will improve compliance with the Code for victims and survivors of child sexual abuse.
Responses
On 16 January 2020, the College of Policing made changes to its Authorised Professional Practice to require police officers to provide written information on what victims are entitled to under the Victims’ Code and what they should expect from the criminal justice system.
On 6 April 2020, the Ministry of Justice (MoJ) noted that it is in the process of updating the Victims’ Code and the proposed changes, including ways of accessing support, seeking compensation and where to go for additional information and assistance in applying, are currently the subject of a public consultation until 16 April 2020. The College of Policing will review the guidance to police officers when the updated Code is introduced.
On 18 November 2020, the UK Government published a response to its consultation on a revised version of the Victims’ Code. The revised Code restructures the list of entitlements into 12 overarching ‘rights’. The revised Code advises victims:
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that they can apply for civil compensation outside the criminal justice process;
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they are entitled to legal advice on assistance or advice on claiming compensation and are signposted to these resources (this includes specialist support from ISVAs);
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if the defendant pleads or is found guilty, the judge or magistrate may order them to pay the victim compensation for any loss, damage or injury caused as a result of the crime;
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and victims have the right to be referred to services that support victims.
The revised Victims’ Code has been laid before Parliament and came into force on 1 April 2021.
On 16 March 2021, the Ministry of Justice (MoJ) stated that the new Code of Practice for Victims of Crime will come into force on 1 April and that the Code has been restructured so that victims are the primary audience. The overarching rights in the new Code set out the level of service victims can expect to receive from criminal justice agencies and are easy to understand.
Regarding monitoring compliance of the Code, the MoJ issued the first iteration of a framework to Local Criminal Justice Boards (LCJBs) and Police Crime Commissioners (PCCs) in 2019, where it was agreed that PCCs would oversee a new monitoring process, measuring criminal justice partners' compliance with certain entitlements in the Code. This work has been suspended due to the pandemic, but will resume later in 2021. The MoJ also intends to consult on a Victims' Law to provide a statutory mechanism of holding agencies to account for compliance with the Code through improved reporting, monitoring and transparency.
On 5 November 2021, the Ministry of Justice stated that it continues to work with criminal justice agencies, Police and Crime Commissioners, and Local Criminal Justice Boards to develop a core minimum data set to allow monitoring and improve the delivery of rights under the Victims' Code. Information from a self assessment exercise completed in September will provide the Ministry of Justice with a better and more consistent understanding of how victims' rights are effectively monitored and delivered. The reporting of Code compliance is still suspended after it was halted due to Covid-19, however development of the core minimum dataset and quality standards will reinitiate regular reporting in the new year.
On 9 December 2021, the Ministry of Justice published its consultation on improving victims' experiences of the justice system.
On 25 May 2022 the Ministry of Justice published a response to its consultation on improving victims' experiences of the justice system. The Ministry of Justice stated that it will introduce a wide range of measures within the Victims Bill and, as issues raised in the consultation cannot be addressed through legislation alone, that the Bill will sit alongside additional measures.
Codes of practice for responding to civil claims of child sexual abuse
Recommendation
The Local Government Association and the Association of British Insurers should each produce codes of practice for responding to civil claims of child sexual abuse.
The codes should include recognition of the long-term emotional and psychiatric or psychological effects of child sexual abuse on victims and survivors, and acknowledgement that these effects may make it difficult for victims and survivors to disclose that they have been sexually abused and to initiate civil claims for that abuse.
The codes should also include guidance that:
a. claimants should be treated sensitively throughout the litigation process;
b. the defence of limitation should only be used in exceptional circumstances;
c. single experts jointly instructed by both parties should be considered for the assessment of the claimants’ psychiatric, psychological or physical injuries; and
d. wherever possible, claimants should be offered apologies, acknowledgement, redress and support.
Responses
As at 18 March 2020, the Association of British Insurers had conducted two meetings with representatives from member firms to establish key principles for inclusion in the Code of Practice. The Association of British Insurers are in the process of arranging a third meeting to further develop this piece of work and are working towards its conclusion by the end of this year.
As at September 2020, the Local Government Association had held a roundtable discussion to obtain the views and experiences of several member councils and had started a draft with the ambition of engaging with other stakeholders as part of the development process. The Local Government Association plans to provide an expected completion date as soon as it is able.
On 22 February 2021, the Association of British Insurers (ABI) stated that it has made progress in developing a code of practice for responding to civil claims of child sexual abuse. The ABI noted that it is refining a full draft of a code following a meetingearlier that month of its members who write public liability insurance, and the ABI anticipates being in a position to finalise and publish this code in the coming months.
In August 2021, the Association of British Insurers published a Code of Practice on Responding to Civil Claims of Child Sexual Abuse. This Code addresses issues identified by the Inquiry, and seeks to improve certain aspects of the civil claims process that are within insurers' control for victims and survivors of child sexual abuse.
The Code includes guidance on all four of the areas contained in the Inquiry’s recommendation (including that limitation will only be raised as a defence in exceptional circumstances), and also other areas of the civil claims process that may have caused distress for victims and survivors, including the use of confidentiality agreements.
On 16 August 2021, the Local Government Association stated that it has worked with several member councils and national organisations to develop a draft code of practice, incorporating findings of the Inquiry and the experiences of councils that have been working to support victims and survivors. Options for consultation on this draft are currently being considered, with an ambition to publish the code in November 2021.
On 25 April 2022, the Local Government Association stated that the draft code of practice would be going to its Executive Advisory Board for final approval and would then be published on its website.
Revision of the Compensation Act 2006
Recommendation
The government should introduce legislation revising the Compensation Act 2006 to clarify that section 2 facilitates apologies or offers of treatment or other redress to victims and survivors of child sexual abuse by institutions that may be vicariously liable for the actions or omissions of other persons, including the perpetrators.
Responses
On 6 April 2020, the Ministry of Justice (MoJ) noted that section 2 of the Compensation Act was intended to encourage businesses, insurers and other organisations not to be deterred from offering apologies by a perception that doing so would necessarily constitute an admission of liability. It states that the focus of the 2006 Act on claims in negligence and breach of statutory duty is not intended to suggest that the provision is only of relevance to these proceedings. In light of the Inquiry’s views, officials at the MoJ will explore further whether it would be helpful to amend the 2006 Act or take alternative action to clarify that this is the case, and it will update the Inquiry in due course.
On 16 March 2021 the Ministry of Justice stated that its exploration of whether it would be helpful to amend the Compensation Act 2006 or to take alternative action to clarify its applicability would take place once the Inquiry had published any recommendations on the limitation period for child sexual abuse claims. In addition, a Private Members’ Bill tabled by John Howell in December 2020 aims to encourage the use of apologies as a means of settling civil disputes. As a result, the MoJ stated that it intends to consult on the subject of apologies in the course of 2021 and will include reference to the specific issue raised by the Inquiry.
On 5 November 2021, the Ministry of Justice confirmed that it was still planning on publishing a consultation paper on the law of apologies.
On 4 May 2022, the Ministry of Justice confirmed that it will consult on the law of apologies and that the government will then consider necessary substantive reform.
National register of public liability insurance policies
Recommendation
The Department of Work and Pensions should work with the Association of British Insurers to introduce a national register of public liability insurance policies. The register should provide details of the relevant organisation, the name of the insurer, all relevant contact details, the period of cover, and the insurance limit. These requirements should apply to policies issued and renewed after the commencement of the register, and those against which a claim has already been made.
The Financial Conduct Authority should make the necessary regulatory changes to compel insurers that provide public liability insurance to retain and publish details of all current policies.
Responses
On 24 March 2020, the Financial Conduct Authority (FCA) wrote to the Inquiry in response to this recommendation. The FCA stated that they recognise the potential for this recommendation to support its objective of securing an appropriate degree of protection for consumers. The FCA is conducting research into the costs and benefits of possible rule changes that would be needed to take forward the recommendation.
On 2 December 2021, the Financial Conduct Authority stated that it had conducted a survey of public liability insurance firms, and had engaged with consumer organisations, including survivors’ charities, to better understand the issues faced by victims and survivors in accessing insurance. On 25 April 2022, the Financial Conduct Authority stated that organisations representing survivors found it challenging to provide data and the responses that it had received were limited, and that it was considering its next steps.
The Financial Conduct Authority also stated that it needed to align its work with that of the Association of British Insurers and Department for Work and Pensions (or other relevant government departments) to ensure its intervention is compatible with the public liability insurance register (if it is introduced).
On 22 February 2021, the Association of British Insurers (ABI) stated that it had provided the Department for Work and Pensions, HM Treasury and the Ministry of Justice with copies of the report that it prepared for the Inquiry on whether a register of public liability insurance could be introduced to assist claimants in civil child sexual abuse claims. The ABI has also discussed with the Financial Conduct Authority the potential development of rules on the retention of public liability insurance records.
On 16 March 2021, the Ministry of Justice (MoJ) stated that it has begun and will continue discussions with the ABI on the feasibility of establishing a public liability register. The MoJ stated that its work on this recommendation has been held up by its focus on progressing other areas of the Inquiry’s proposals and also due to the pandemic. The MoJ committed to resuming its dialogue with the ABI shortly to move work forward in relation to this recommendation.
On 5 November 2021, the Ministry of Justice stated that it had commenced discussions with the Association of British Insurers on the Inquiry's recommendation for a public liability register and will be exploring the feasibility of the proposed reform. The Ministry of Justice expected to be able to report further on this matter in the next few months. On 4 May 2022, the Ministry of Justice stated that its work on this recommendation had paused due to other delivery priorities and the Covid-19 pandemic.
Revision of the Guidelines for the Assessment of General Damages in Personal Injury Cases
Recommendation
The Judicial College should revise its Guidelines for the Assessment of General Damages in Personal Injury Cases to include a freestanding section on the damages that may be appropriate in cases of child sexual abuse.
This new section of the guidelines should advise the court to take into account the nature and severity of the abuse itself, any short-term and long-term physical, emotional and psychiatric or psychological injuries, and the general effect of the abuse on the claimant’s capacity to function throughout their life. The latter may include the ability to sustain personal and sexual relationships, to benefit from education, and to undertake paid employment.
Responses
On 7 February 2020, the Judicial College noted that in its guidelines a section focusing upon awards for victims of child sexual abuse would be of considerable assistance to all involved in such cases. The Judicial College hopes to create a freestanding category for victims of child sexual abuse in the next edition of the guidelines. The next edition is due to be published in the autumn of 2021.
The Judicial College informed the Inquiry that the revised edition of its Guidelines for the Assessment of General Damages in Personal Injury Cases was published on 11 April 2022. The Judicial College stated that the new edition includes a section on sexual abuse, which incorporates the factors to be taken into account in valuing general damages for sexual abuse. These include the nature and duration of the abuse, the physical and/or psychological effects caused and the effect on the injured person’s ability to sustain personal and sexual relationships.
The use of criminal compensation orders
Recommendation
The Ministry of Justice should consult with the Sentencing Council, the Judicial College, the Crown Prosecution Service and other relevant bodies, in order to increase the use of CCOs, where appropriate, in cases involving child sexual abuse by, among other things, implementing guidance for the judiciary and prosecutors in the Crown Courts and Magistrates’ Courts.
Responses
On 6 April 2020, the Ministry of Justice (MoJ) stated that it has consulted with the Judicial College and the Sentencing Council in respect of implementing guidance for the judiciary in the Crown Court and Magistrates’ Courts, and with the Crown Prosecution Service in respect of guidance for prosecutors. The MoJ noted that it is the collective view of these organisations that existing sentencing guidelines are sufficient and that judges will already be aware of their sentencing powers, including the power to make a compensation order. In addition, prosecutors will be ready to assist the court by drawing the court’s attention to its powers to award compensation. The MoJ proposes to undertake further exploration to better understand the reasons behind the low use of this power in cases of child sexual abuse. Once the work has been completed, the MoJ will then consider what steps to take, including whether further guidance would assist.
On 16 March 2021, the Ministry of Justice confirmed that it remains committed to undertaking further exploration to better understand the reasons why courts make low numbers of compensation orders in cases of child sexual abuse, and that this work will start this spring.
On 5 November 2021, the Ministry of Justice confirmed that it remains committed to progressing this work and hopes to have a more substantive update to report in the next few months.
On 4 May 2022, the Ministry of Justice stated that it found courts make low numbers of criminal compensation orders in cases of child sexual abuse as: (a) the level of financial recompense provided by a criminal compensation order is unlikely to reflect the damage and trauma suffered by a victim, (b) the payment process for financial impositions may deter pursuit of a criminal compensation order, and (c) quantification of compensation in cases of child sexual abuse is often difficult and complex. The Ministry of Justice also confirmed that the Crown Prosecution Service and Sentencing Council have strengthened their guidance on criminal compensation orders, and that the Ministry of Justice will publish updated pages on gov.uk to clarify the different types of compensation.
Code for civil claims for child sexual abuse
Recommendation
The International Underwriting Association of London should take the lead in the production of a code for the benefit of claimants who are bringing civil claims for child sexual abuse. The aim should be to produce a code, comparable to the Rehabilitation Code or for inclusion in that code, with the objective of ensuring that victims and survivors of child sexual abuse are able to access the therapy and support they need as soon as possible.
Responses
On 23 February 2021, the International Underwriting Association of London (IUA) stated that a working party was established to develop the code in December 2020. The group is identified as the IICSA Rehabilitation Working Party and has agreed to a terms of reference. The working party has discussed how best to approach the writing of this new rehabilitation code for victims of childhood abuse and work has also been undertaken to create test cases against which a new code can be tested.
On 14 December 2021, the International Underwriting Association of London stated that it had agreed to fund engagement with a group of victims and survivors for feedback on the rehabilitation code via a charitable donation to The Survivors Trust. It hoped to finalise a draft rehabilitation code following these meetings.
On 21 April 2022, the International Underwriting Association of London stated that work was carried out to source engaged survivors to populate the group, which resulted in challenges that have affected the progression of this project.
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