§ Mr. WeirTo ask the Secretary of State for the Home Department (1) how many applications by persons reaching the age of majority for a review of awards granted on application to the CICA/CICB by their parents in respect of sexual abuse suffered by them whilst children have been made in each of the last five years in(a) the UK and (b) Scotland; [72793]
(2) how many applications to the CICA for review of awards in respect of sexual abuse suffered by children made by persons reaching the age of majority have been successful in each of the last five years; [72794]
(3) how many applications to the CICA for review of awards made in respect of sexual abuse suffered by children made by them once they have reached the age of majority have been reviewed in each of the last five years. [72795]
§ Hilary BennThere is no provision in the current tariff-based scheme, nor the common law damages scheme which preceded it, for the review of an award made and accepted on behalf of a child who had suffered 739W sexual abuse once the child reaches the age of majority. Consequently, since such cases lie outside the scope of the Scheme, the Criminal Injuries Compensation Authority does not collect data on this category of request.
§ Mr. WeirTo ask the Secretary of State for the Home Department what criteria are used by the CICA in deciding whether an application for a review of an award made to a child who suffered sexual abuse can be reopened in each of the last five years. [72796]
§ Hilary BennWhere an application has been finalised, the only circumstances in which it may be reopened are where there has been such a change in the victim's medical condition that an injustice would occur if the original decision were allowed to stand, or where the applicant has died as a result of the injury. In such circumstances, a case may be reopened more than two years after the date of the final decision, on the basis of evidence presented in support of the application to reopen, provided that it can be considered without a need for further extensive enquiries.
However, where a decision made previously has neither been accepted nor been the subject of a Review application, then an application for Review may be considered beyond the 90 day period specified in the Scheme, in exceptional circumstances where it is considered in the interests of justice to do so.
§ Mr. WeirTo ask the Secretary of State for the Home Department (1) if it is his intention to institute a right of appeal for persons reaching the age of majority who make an application to the CICA/CICB for review of an award granted to them as a child when the application for such a review is refused by the authority;[72790]
(2) what plans he has to amend the Criminal Injuries Compensation Scheme in respect of children who have been sexually abused. [72791]
§ Hilary BennFollowing a major public consultation exercise launched in 1999, the Compensation Scheme was thoroughly reviewed in 2000, and a number of improvements were made which came into force from 1 April 2001. These included significant changes to the tariff descriptions and levels of award relating to the physical and sexual abuse of children. In view of that recent review and consequent changes, there are no plans for further amendment to the Scheme at this time.