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IICSA published its final Report in October 2022. This website was last updated in January 2023.

IICSA Independent Inquiry into Child Sexual Abuse

The Report of the Independent Inquiry into Child Sexual Abuse

Final report

K.8: Making amends

105. It is clear from the Inquiry’s investigations that, over many decades, there have been serious and wide-ranging failures by both State and non-State institutions to protect children from child sexual abuse and exploitation or the risk of such abuse in a broad range of settings. Appropriate and meaningful reparation and redress, including by the State, may help alleviate some of this impact.

Acknowledgement, apologies and assurances

106. Acknowledgement that sexual abuse occurred is often an important form of reparation for victims and survivors. Recognition may be provided by individuals, institutions and wider society. Institutions often dismissed or did not sufficiently act on disclosures or reports of abuse, from both children and adults, and refused to meet with victims and survivors. They also responded without compassion or respect, reacted defensively and were driven by concerns about legal liability and reputations rather than concerns for those who have been abused. While some institutions have begun recently to acknowledge the abuse experienced by so many in their care, in many instances this came after decades of poor responses and refusals to acknowledge that child sexual abuse had occurred.

107. Similarly, apologies are a valuable form of reparation for victims and survivors. They must, however, be genuine, meaningful and, if requested, face-to-face. Those apologies that are accompanied by significant change are likely to have the most impact.

108. Some institutions are reluctant to apologise due to concerns that an apology may amount to an admission of liability and be relied upon in civil litigation. In September 2019, the Inquiry recommended that the government should amend the Compensation Act to make clear that institutions may apologise for abuse by persons for whom they may be vicariously liable without those apologies amounting to admissions of legal liability. In March 2021, the government made a commitment to consult on the issue of apologies. No consultation has yet been launched but it is expected to take place in 2022.

109. Some victims and survivors want to be given assurances that the institution would not let child sexual abuse happen to other children. Informing victims and survivors about preventive steps which have been taken to protect children since the abuse occurred can be of real significance. Not only can it reassure the individual who has been abused, but it can also help institutions prioritise the identification of failings in order to prevent future abuse.

Financial redress

110. Victims and survivors are entirely justified in seeking redress. While no amount of money can fully compensate a victim for child sexual abuse, it can provide reparation and help them to access valuable support and therapy.

111. Victims of ‘violent crime’ in England and Wales (as well as Scotland) may be awarded compensation under the publicly funded Criminal Injuries Compensation Scheme. The Interim Report (April 2018) and the Inquiry’s Accountability and Reparations Investigation Report (September 2019) made several recommendations to improve access to the Scheme for victims and survivors of child sexual abuse. Despite these changes, concerns about the Scheme remain. Its continued focus on ‘crime of violence’ fails to take into account that child sexual abuse, particularly online sexual abuse, may occur without physical contact. Under the 2012 Scheme, no award is made to applicants who have unspent criminal convictions for offences that resulted in certain sentences or orders. This fails to recognise the impact of child sexual abuse and, specifically, that abuse may have directly contributed to instances of offending; there is often, for example, a close link between sexual exploitation, grooming and criminal behaviour. There is also a two-year time limit for making a claim. Although this may be extended where there are ‘exceptional circumstances’, such a period is inadequate for victims and survivors of child sexual abuse.

112. The Inquiry therefore recommends further changes in relation to the focus on crimes of violence, the provisions relating to ‘unspent convictions’ and the time limits for applications to the scheme.

Recommendation 18: Criminal Injuries Compensation Scheme

The Inquiry recommends that the UK government changes the Criminal Injuries Compensation Scheme to:

  • include other forms of child sexual abuse, including online-facilitated sexual abuse;
  • amend the rule on unspent convictions so that applicants with unspent convictions are not automatically excluded where offences are likely to be linked to the circumstances of their sexual abuse as a child; and
  • increase the time limit for child sexual abuse applications so that applicants have seven years to apply from (a) the date the offence was reported to the police or (b) the age of 18, where the offence was reported whilst the victim was a child. In either circumstance, the claims officer’s discretion to extend the time limit remains.

A single redress scheme for England and Wales

113. A single redress scheme has a number of benefits over existing systems of civil justice and criminal compensation in England and Wales, which often do not provide the accountability and reparation sought by victims and survivors of child sexual abuse. Existing systems can be difficult to access and some of the rules may deter or prevent victims and survivors from pursuing their claims; the process can also be protracted and re-traumatising.

114. In order to acknowledge the State’s responsibility to protect children from sexual abuse and the consequent harm experienced over many decades, the Inquiry recommends that a national redress scheme be established in England and Wales. The current systems of financial redress should continue to exist alongside this scheme. It will provide much-needed public acknowledgement and practical reparation to victims and survivors of child sexual abuse.

115. While it will be for the government to consider the detailed rules of, and funding for, a national redress scheme, the Inquiry’s recommended approach encompasses the following key components:

  • the scheme should be for victims and survivors of child sexual abuse and exploitation that occurred in England and Wales, including that perpetrated by other children;
  • there should be a clear connection between an institution in England and Wales (whether State or non-State) and the sexual abuse experienced by the individual;
  • the scheme should apply to child sexual abuse that took place prior to its establishment and be open for a period of five years;
  • the scheme should not allow an applicant to receive money twice for the same matter;
  • the scheme should comprise a two-tier system, the first being a modest, fixed flat-rate recognition payment with the option for applicants who wish to provide more details and evidence to apply for a second-tier payment;
  • the process must be accessible, straightforward and sensitive to the needs and vulnerabilities of victims and survivors of sexual abuse; and
  • the scheme should be funded by central and local government, in accordance with devolved funding principles, with voluntary contributions sought from non-State institutions.

This is underpinned by the need for the scheme to be as simple and non-adversarial as possible.

Recommendation 19: Redress scheme

The Inquiry recommends that the UK government establishes a single redress scheme in England and Wales, taking into account devolved responsibilities.

The detailed rules of, and funding for, this redress scheme should reflect the following core elements.

Eligibility

  • Victims and survivors of child sexual abuse and exploitation that occurred in England and in Wales should be eligible to apply.
  • Applicants must have experienced child sexual abuse and exploitation where there is a clear connection to State or non-State institutions in England and Wales.
  • The scheme should be open to any victim of child sexual abuse that took place prior to its establishment.
  • The scheme should deduct any previous award from any payment under the scheme (or in the case of payments made by the Criminal Injuries Compensation Authority, it may order that they be repaid).
  • Applicants who have previously brought civil claims which have been rejected by the court should be excluded from applying to the scheme, save where their cases have been rejected due to limitation.

Redress provided

  • The scheme should provide payments to eligible applicants through a two-tier system, based on a fixed flat-rate recognition payment, with the option to apply for a second-tier payment.

Process

  • The application process must be accessible and straightforward, and be sensitive to the needs and vulnerabilities of victims and survivors of child sexual abuse. The process should provide for streamlined checks and verification of applications, but not be adversarial.
  • There should be special provisions to accelerate awards for older or terminally ill applicants.

Duration

  • The scheme should run for five years.

Funding

  • The scheme should be funded by central and local government, in accordance with devolved funding principles, with voluntary contributions sought from non-State institutions.
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