Proposed NI Criminal Injuries Compensation Scheme 2009
Publication Date: 11 June 2008 (Archive)
NIACRO responded to the NIO's consultation on revising the current compensation scheme, calling for compensation levels to reflect the needs of individual victims and where necessary their families or dependants.
NIACRO’S RESPONSE TO
PROPOSED NORTHERN IRELAND CRIMINAL INJURIES COMPENSATION SCHEME 2009
JUNE 2008
1. INTRODUCTION:
NIACRO, the Northern Ireland Association for the Care and Resettlement of Offenders, is a voluntary organisation, working for 35 years to reduce crime and its impact on people and communities. NIACRO provides services under the headings of: promoting safer communities; working with children and young people who offend; providing services to families and children of offenders; supporting offenders and ex-prisoners in the community; working with prisoners. NIACRO works in partnership with all the main criminal justice agencies in Northern Ireland.
RESPONSE TO CONSULTATION QUESTIONS:
Q1 Do you agree that compensation levels should be the same throughout the United Kingdom? If not, can you indicate why they should vary and suggest what factors should be taken into account in setting them for Northern Ireland?
Compensation levels should be the same throughout the United Kingdom and the Northern Ireland levels should be used as the baseline.
Q2 What are your views on capping compensation payments? Should a new scheme limit payments to ?500,000 regardless of the extent of any injury, or should the Northern Ireland scheme retain it’s no cap status?
Compensation payments should reflect the needs of individual victims and/or their families and dependants. Therefore in NIACRO’s view “capping” is inappropriate and Northern Ireland should retain it’s no cap status. This should be extended to Great Britain. Capping would discriminate against those who had the most serious injuries.
Q3 How do you feel about how compensation is paid for multiple injuries in Northern Ireland? Should payments cover fourth and subsequent injuries?
NIACRO take the view that as compensation should reflect individual and family/dependant need the principle of actual need should have primacy.
Q4 Do you think that Northern Ireland should retain its unique arrangements for out of time minor abuse claims?
NIACRO supports the retention of Out–of–Time abuse arrangements. This is particularly relevant with respect to cases of sexual abuse which are often reported many years after the event.
Q5 How do you think claims from minors should be treated? Is putting awards for victims under 18 into trusts, pending their eighteenth birthday, justified?
NIACRO supports the principle of putting awards for victims under 18 into trusts. NIACRO would further support the practice of young people under the age of 18 being able to make application to trusts and if an application is refused the young person would have the right of appeal with an advocate if necessary should this mechanism not already exist.
Q6 How do you feel about how claims for compensation for temporary mental anxiety are treated in Northern Ireland? Should claims be supported in this area or are you in agreement that funds should be focused on more serious cases, for example covering the cost of uncapped awards?
Q7 Are there any other areas where different rates of compensation for criminal injuries should apply? Please explain why.
NIACRO has examined the difference between the existing tariff established from 2002 and the proposed tariff to be introduced in 2009. The organisation is very concerned to note that it is proposed that significant elements be removed entirely such as attempted rape of adult or child, significant head burns, significant facial burns, significant head and neck scarring as well as some nose and teeth injuries to name but some.
Similar concerns are noted with regard to the decrease in compensation amounts with practically all other injuries. NIACRO is aware that the scheme is supposed to be compensating rather than compensatory, however if the scheme is introduced as proposed it sends out the wrong message by government to victims. It diminishes their experience by in effect telling victims that they are of less worth in real terms.
As a consequence NIACRO would be arguing that rather than decreasing the amount paid to victims that payment should be based on actual need and index linked.
Q8 Do you have any other comments about the provision of criminal injuries compensation in Northern Ireland?
NIACRO is aware through several of its projects that individuals with a criminal record or a conflict related offence can have their level of compensation affected – usually negatively. Again NIACRO would argue that compensation should be made based on actual and real need.
Q9 Have you any views on the impact of the proposed changes on the different Section 75 groups? Please indicate whether you have any particular concerns regarding any differential affects that the proposals may have, or on the outcome of the proposal’s Equality Screening.
It may be that the proposals could differentially affect those Section 75 groupings such as young people and political opinion.