Hogan Lovells’ Success in Challenging the Criminal Injuries Compensation Authority

In April 2025, Hogan Lovells succeeded in challenging the decision of the Criminal Injuries Compensation Authority (CICA) not to provide compensation to a survivor of child rape and sexual assault. Law for Change provided Hogan Lovells’ client with adverse cost protection which made it possible for the case to proceed.

In this article, we reflect on the impact of Law for Change’s funding and the positive impact this case will have for other survivors who have fallen between the cracks and not accessed the compensation they are legally entitled to.

Funding the Fight: How Law for Change’s Funding Enabled the Case to Continue

‘‘The client is a vulnerable survivor of historic child abuse, the impact of which has followed her through her life and limited her capacity for continuous employment. As a judicial review, this case fell into a costs risk jurisdiction. Although we (and counsel) were acting entirely pro bono, the client could not afford the risk of adverse costs.  Were it not for Law for Change being able to back these costs, we would not have been able to proceed with the case.’’ - Helen Boniface, Counsel at Hogan Lovells.

The Legal Impact of This Case in Shaping the Positive Action of CICA

‘‘This case arose when the client sought to obtain compensation through the Criminal Injuries Compensation Authority (CICA) using the Criminal Injuries Compensation Schemes. The circumstances of the sexual abuse she was subjected to was such that the ‘same roof rule’ provisions were triggered – i.e. that the abuse was perpetrated by someone within her household when living as ‘members of the same family’.  This was initially excluded from the scheme but a change of the law in 2019 gave survivors the ability to apply (or re-apply where previously rejected as here) for compensation, with such applications subject to a 2-year time limit (unless there are exceptional circumstances as to why this should be extended). 

The client did this and had her application rejected, even though an application by her brother, who was subjected to abuse of the same nature and circumstance succeeded. Her application was rejected at all levels of the CICA process and therefore required judicial review to take it further. 

The judge indicated concerns about the CICA arguments as to non-applicability of the CICA scheme and as a result of this and our representations, the CICA elected to accede the judicial review and reconsider the application to assess compensation quantum. Importantly, this case highlighted that there are cases that fall within the same roof rule provision which have not yet been compensated and which require due consideration by CICA.  It also raised issues with limited CICA record keeping as to their previous decisions, enabling representations that any uncertainty in record keeping should be interpreted in favour of the applicant rather than the CICA.  This case had direct attention from senior members of the CICA legal team and so we hope it has also resulted in internal sharing to the benefit of future applicants with a view to removing the need for eligible cases to reach judicial review level.’’ - Helen Boniface, Counsel at Hogan Lovells

A Win for One, Hope for Many: The Positive Impact of This Case for the Client and Other Survivors

‘‘Following the successful judicial review the CICA re-evaluated the client’s case and awarded her £200,000 in compensation, recognising both the harm caused and the loss of earnings due to this criminal harm.  The client is supported by Women Against Rape and the success of this application means that they may also be able to identify further cases where survivors may have fallen between the cracks and not obtained compensation that they are legally entitled to.’’ - Helen Boniface, Counsel at Hogan Lovells

Law for Change remains committed to supporting survivors of abuse secure the justice and compensation they are owed.