Victims' Code breaches (CSA)
Non-compliance with the Victims' Code in relation to victims and survivors of child sexual abuse by various agencies.
26 items
1 source
2 inquiries
Source spread
Where this theme appears
Victims' Code breaches (CSA) has been flagged across 1 independent accountability source:
26 inquiry recs
This theme has been identified in one data source. As more data is added, cross-references may emerge.
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Source-grouped records are useful for tracing where a concern came from. Large sections show the 50 strongest matches for that source; counts still show the full theme total.
Inquiry Recommendations (26)
FR-19 — Tiered Redress Scheme
Recommendation: 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 …
Gov response: We accept the need to introduce a redress scheme to acknowledge the institutional failures that led to the suffering of victims and survivors. The detail of the scheme, including eligibility, types of redress available, the …
Accepted in Part
FR-18 — Criminal Injuries Compensation Scheme Changes
Recommendation: 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 …
Gov response: We accept the need to consider changes to the scheme, and we will consult on whether or not to amend the scope and time limits.
Accepted in Part
No update 2+ yrs
100 — Posthumous honours forfeiture policy
Recommendation: The Cabinet Office should re-examine the policy on posthumous forfeiture, in order to consider the perspectives of victims and survivors of child sexual abuse.
Gov response: On 30 September 2021, the Cabinet Office updated its guidance in relation to honours forfeiture. The policy allows for a formal statement to be published in instances where forfeiture proceedings would have been initiated if …
Accepted
99 — Honours forfeiture for CSA convictions
Recommendation: The criteria for forfeiture of all honours must be formally extended to include convictions, cautions and cases decided by trial of the facts involving offences of child sexual abuse. This must be set out in a published policy and procedure, …
Gov response: On 30 September 2021, the Cabinet Office updated its guidance in relation to honours forfeiture. Anybody convicted of a sexual offence will be considered for forfeiture regardless of the sentence they receive. Anybody found to …
Accepted
98 — Increase 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 criminal compensation orders, where appropriate, in cases involving child sexual abuse by, …
Gov response: On 6 April 2020, the Ministry of Justice stated that it had consulted with the Judicial College and the Sentencing Council in respect of implementing guidance for the judiciary in the Crown Court and Magistrates' …
Accepted
No update 2+ yrs
97 — Clarify Compensation Act on apologies
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 …
Gov response: On 16 March 2021, the Ministry of Justice stated that it would consult on the subject of apologies, including consideration of the use of apologies in civil proceedings generally. On 4 May 2022, the Ministry …
Accepted in Part
No update 2+ yrs
96 — CICA same roof rule reapplication
Recommendation: The Chair and Panel recommend that the Ministry of Justice revises the Criminal Injuries Compensation Authority rules so that all applicants who previously applied for compensation in relation to child sexual abuse - but were refused solely due to the …
Gov response: On 22 July 2019, the UK government confirmed that the 'same roof' rule had been removed. The amended Criminal Injuries Compensation Scheme provides for past claimants refused under the rule, whether or not that was …
Accepted
94 — CICA unspent convictions rule reform
Recommendation: The Chair and Panel recommend that the Ministry of Justice revises Criminal Injuries Compensation Authority rules, so that awards are not automatically rejected in circumstances where an applicant's criminal convictions are likely to be linked to their child sexual abuse. …
Gov response: The Government will consider how the Criminal Injuries Compensation Scheme can better serve victims of violent crime including child sexual abuse. The terms of reference for the review have been published, which will examine whether …
Not Accepted
93 — Financial redress for former child migrants
Recommendation: The Chair and Panel have recommended that the UK government establishes a financial redress scheme for surviving former child migrants, providing for an equal award to every applicant. This is on the basis that they were all exposed to the …
Gov response: The Department for Health and Social Care announced details of the scheme on 31 January 2019 and the scheme was opened to applicants on 1 March 2019. Each eligible former British child migrant is entitled …
Accepted
89 — Church funding policy for victim support
Recommendation: The Church of England and the Church in Wales should each introduce a Church-wide policy on the funding and provision of support to victims and survivors of child sexual abuse concerning clergy, Church officers or those with some connection to …
Gov response: On 7 April 2021, the Church in Wales stated that it had introduced Independent Sexual Violence Adviser (ISVA) support for survivors. The Church in Wales committed to offer funding towards counselling recommended by an ISVA …
Accepted
No update 2+ yrs
88 — Rehabilitation code for CSA civil claims
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 …
Gov response: On 23 February 2021, the International Underwriting Association of London stated that it had established a working party to develop a rehabilitation code. On 14 December 2021, the International Underwriting Association of London stated that …
Accepted
No update 2+ yrs
FR-15 — Remove Limitation Period
Recommendation: The Inquiry recommends that the UK government makes the necessary changes to legislation in order to ensure: the removal of the three-year limitation period for personal injury claims brought by victims and survivors of child sexual abuse in respect of …
Gov response: We accept the critical issue this recommendation seeks to remedy, and we will consult on strengthening existing judicial guidance in child sexual abuse cases and set out options to reform limitation law in child sexual …
Accepted in Part
In progress
FR-14 — Victim Code Compliance
Recommendation: The Inquiry recommends (as originally stated in its Interim Report, dated April 2018) that the UK government commissions a joint inspection of compliance with the Victims' Code in relation to victims and survivors of child sexual abuse, to be undertaken …
Gov response: We accept the need to ensure compliance with the Victims Code. The Criminal Justice Joint Inspectorates have included an inspection on the ‘experiences of victims of child sexual abuse of the criminal justice system’ in …
Accepted in Part
No update 2+ yrs
81 — Revised damages guidelines for CSA 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 …
Gov response: 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 …
Accepted
79 — Codes of practice for civil CSA claims
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 …
Gov response: Association of British Insurers: In August 2021, the Association of British Insurers published a Code of Practice on Responding to Civil Claims of Child Sexual Abuse. It seeks to improve certain aspects of the civil …
Accepted
78 — Revise Victims Code for CSA victims
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: 1. They are entitled to seek civil compensation through the civil courts and, …
Gov response: On 16 January 2020, the College of Policing made changes to its Authorised Professional Practice to require police officers to provide victims with information on their rights and entitlements under the Victims' Code. On 16 …
Accepted
76 — Vulnerable witness protections in civil courts
Recommendation: The Chair and Panel recommend that the Ministry of Justice provides in primary legislation that victims and survivors of child sexual abuse in civil court cases, where they are claiming compensation in relation to the abuse they suffered, are afforded …
Gov response: At the request of the MoJ, the Master of the Rolls has agreed to the Civil Justice Council considering these issues, drawing on the experience not only of the criminal but also the family justice …
Accepted
74 — Joint inspection of Victims Code compliance
Recommendation: The Chair and Panel recommend that the Ministry of Justice, Home Office and Attorney General commission a joint inspection of compliance with the Victims' Code in relation to victims and survivors of child sexual abuse. The Victims' Commissioner should be …
Gov response: The Victims Strategy commits to hold agencies to account for compliance with the Victims' Code through improved reporting, monitoring and transparency on whether victims are receiving entitlements. The Ministry of Justice is considering the role …
Not Accepted
6 — Redraft canonical crimes as crimes against the child
Recommendation: The Catholic Bishops' Conference of England and Wales should request that the Holy See redraft the canonical crimes relating to child sexual abuse as crimes against the child.
Gov response: On 30 September 2021, the Catholic Council for the Inquiry confirmed that Book VI of the Code of Canon Law determines the penal norms in order to give precise and sure guidance to those who …
Accepted
MACP-37 — Fully record and disclose prosecution discontinuance decisions to victims or families.
Recommendation: That the CPS ensure that all decisions to discontinue any prosecution should be carefully and fully recorded in writing, and that save in exceptional circumstances, such written decisions should be disclosable to a victim or a victim's family.
Unknown
MACP-36 — CPS must personally notify victims and families of discontinuance decisions sensitively.
Recommendation: That the CPS should have the positive duty always to notify a victim and victim's family personally of a decision to discontinue, particularly in cases of racist crime, with speed and sensitivity.
Unknown
MACP-35 — Consult and inform victims or families about any proposal to discontinue proceedings.
Recommendation: That the CPS ensure that a victim or victim's family shall be consulted and kept informed as to any proposal to discontinue proceedings.
Unknown
MACP-29 — Develop guidelines for handling victims and witnesses, especially in racist incidents.
Recommendation: That Police Services should together with the Home Office develop guidelines as to the handling of victims and witnesses, particularly in the field of racist incidents and crimes. The Victim's Charter to be reviewed in this context.
Unknown
MACP-44 — Police and Courts prevent intimidation of witnesses through bail conditions
Recommendation: That Police Services and the Courts seek to prevent the intimidation of victims and witnesses by imposing appropriate bail conditions.
Unknown
MACP-41 — Allow victims or families to become "civil parties" in criminal proceedings.
Recommendation: That consideration should be given to the proposition that victims or victims' families should be allowed to become "civil parties" to criminal proceedings, to facilitate and to ensure the provision of all relevant information to victims or their families.
Unknown
MACP-31 — Ensure training and use of victim/witness liaison officers for racist incidents.
Recommendation: That Police Services ensure the provision of training and the availability of victim/witness liaison officers, and ensure their use in appropriate areas particularly in the field of racist incidents and crimes, where the need for a sensitive approach to young …
Unknown