Independent Inquiry into Child Sexual Abuse

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, if they wish to do so, should seek legal advice - they should be signposted to specialist lawyers identified by the Ministry of Justice. 2. 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. 3. At the conclusion of any criminal proceedings, the court may make orders for the payment of criminal compensation by convicted offenders to their victims. 4. 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.

The Inquiry asked the Ministry of Justice to update the Victims' Code for abuse victims. In April 2020, HM Government stated that the department was updating the code regarding support, compensation, and application assistance, with proposals undergoing public consultation (Ministry of Justice response, Apr 2020; Ministry of Justice, Apr 2020). It agreed that victims should be advised on civil claims, but stated it does not accredit solicitors, pointing instead to the Law Society's "Find a Solicitor" service (Ministry of Justice response, Apr 2020). The government added that the College of Policing would review officer guidance when the updated code was introduced, though criminal compensation orders and the compliance framework were not mentioned (Ministry of Justice response, Apr 2020; Ministry of Justice, Apr 2020). The record holds nothing dated later than the response of April 2020 (Ministry of Justice response, Apr 2020).

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: 1. claimants should be treated sensitively throughout the litigation process; 2. the defence of limitation should only be used in exceptional circumstances; 3. single experts jointly instructed by both parties should be considered for the assessment of the claimants' psychiatric, psychological or physical injuries; and 4. wherever possible, claimants should be offered apologies, acknowledgement, redress and support.

In August 2021, the Association of British Insurers published a code of practice for responding to civil claims of child sexual abuse, stating that the guidance was produced to improve aspects of the civil claims process within insurers' control, including approaches to limitation, apologies, and the use of confidentiality agreements (Association of British Insurers response, Aug 2021). The record holds no update since the Association of British Insurers' response of August 2021 (Association of British Insurers response, Aug 2021).

The Department for 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.

In April 2020, HM Government reported that it had begun and would continue discussions with the Association of British Insurers on the feasibility of establishing a public liability register (Ministry of Justice response, Apr 2020; Ministry of Justice, Apr 2020). It stated that this work needed to be co-ordinated with other reform proposals to take a holistic approach to achieving justice for victims of child sexual abuse (Ministry of Justice response, Apr 2020). The record holds no update since the government's response of April 2020 (Ministry of Justice response, Apr 2020; Ministry of Justice, Apr 2020).

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.

The Independent Inquiry into Child Sexual Abuse reported in October 2022 that the Judicial College informed it that a revised edition of its Guidelines for the Assessment of General Damages in Personal Injury Cases was published on 11 April 2022 (The Independent Inquiry into Child Sexual Abuse, Oct 2022). The Inquiry noted in October 2022 that, according to the college, the new edition includes a section on sexual abuse incorporating factors such as the nature and duration of the abuse, physical and psychological effects, and the effect on personal and sexual relationships (The Independent Inquiry into Child Sexual Abuse, Oct 2022).

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.

The Independent Inquiry into Child Sexual Abuse reported in October 2022 that the International Underwriting Association of London stated in April 2022 that work to source engaged survivors had resulted in challenges affecting the progression of the project (The Independent Inquiry into Child Sexual Abuse, Oct 2022). The association had previously stated in December 2021 that it agreed to fund survivor engagement through The Survivors Trust and hoped to finalise a draft rehabilitation code following those meetings, after establishing a working party in December 2020 to develop the code (The Independent Inquiry into Child Sexual Abuse, Oct 2022).

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.

In April 2020, HM Government stated that the Ministry of Justice would explore amending the Compensation Act 2006 or taking alternative action to clarify that its provisions facilitate apologies in vicarious liability cases (Ministry of Justice response, Apr 2020; Ministry of Justice, Apr 2020). It noted that the statute was not intended to apply solely to claims in negligence and breach of statutory duty, and promised to provide an update in due course (Ministry of Justice response, Apr 2020; Ministry of Justice, Apr 2020). The record holds no update since the government's response of April 2020 (Ministry of Justice response, Apr 2020; Ministry of Justice, Apr 2020).

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.

The Inquiry recommended consulting relevant bodies to increase the use of criminal compensation orders. In April 2020, HM Government stated that the Ministry of Justice had consulted the Judicial College, the Sentencing Council, and the Crown Prosecution Service (CPS), concluding that existing judicial guidance is sufficient (Ministry of Justice response, Apr 2020). It also noted that prosecutors are reminded in CPS legal guidance of their role in applying for compensation orders (Ministry of Justice, Apr 2020). The government stated that it would undertake further exploration to understand the low use of these orders, after which it would consider next steps and provide the Inquiry with a substantive response (Ministry of Justice response, Apr 2020). The record holds nothing dated later than the response of April 2020 (Ministry of Justice response, Apr 2020).