Criminal Injuries Compensation

Debate between Josh Babarinde and Charlotte Nichols

Tuesday 29th April 2025 Westminster Hall

[Josh Babarinde]

I could not agree more that the burden of bureaucracy should not be on the victim. Having spent almost two years going through a police process as a victim, and then a very traumatising Crown court trial, the last thing that I wanted to do was rush to fill in application forms for compensation before the imminent two-year deadline from reporting to the police, which the hon. Member for Wolverhampton West (Warinder Juss) described, was about to be hit, so I did not apply.

For exactly the reasons that the hon. Member for Congleton (Sarah Russell) described, it takes more than two years to process a crime. In my case, it took many decades, and I still process those crimes today. The system is not conducive to that healing process. A question that I asked was essentially, “Is this system for real? After dragging me through what is a shocking, adversarial and dehumanising criminal process, you’re going to ask me to jump through more hoops just to prove that what has happened to me has happened to me? You can go and take your paperwork and stick it where the sun don’t shine.” The sun shines in Eastbourne a lot, as many folks in this room know, so it did not have to go far.

In scenarios where a court case has happened, and where the evidence has already been presented once, it must be possible for the criminal injuries compensation scheme to access that evidence with the consent of the victim and make some kind of compensation assessment without dragging the victim through another legal ordeal from square one. I would be interested to understand what exploration the Government have undertaken in this area.

Inefficiency costs time, and, to the point made in an intervention by the hon. Member for Hornchurch and Upminster (Julia Lopez), who is no longer in her place, no victim should have to wait years and years for their claim to be assessed, as is too often the case today. Alexis Jay, in her IICSA report, also suggested that, in cases where proceedings have already gone to court, there could be merit in empowering a judge to order the payment of criminal compensation from offender to victim. I would be interested to know what assessment the Government have made regarding the merit of that suggestion too.

Secondly, the scheme must be more visible, because so many victims are unaware of it. Fewer than four in 10 victims recall being told by the police about the scheme, according to the Victims’ Commissioner. Significant numbers of victims and survivors are therefore missing out on the compensation that they need to rebuild their lives. I was not told about the scheme by the police; I was first told about it by an incredible child abuse solicitor, Dino Nocivelli, who I was connected with through a friend of a friend. As has been said already, awareness should not rely on who someone knows. The system is failing victims and survivors by leaving them in the dark.

Thirdly, victims and survivors must receive the support they need to navigate the system. I have touched on some of the complexities, as have other hon. Members. In my case, although I did not end up applying, I discussed the scheme with my ISVA—independent sexual violence adviser—from SurvivorsUK, Alan Robertson, to whom I pay tribute. ISVAs play a critical role in giving survivors the practical guidance and confidence to navigate our justice system, of which the criminal injuries compensation scheme is a part.

One of my key concerns, which I have expressed several times before, is that charities report that their capacity to provide support is being diminished by the national insurance contributions hike and the cut to core funding for police and crime commissioners. Those are debates that the Ministry of Justice will need to have had with the Treasury. Some charities that provide such guidance and support to victims have told me, and said publicly, that these measures are tantamount to a 7% real-terms funding cut.

[Charlotte Nichols]

I thank the hon. Member for his speech and particularly for his reference to ISVAs and victim support. In the Warrington area, there is no support available through either the NHS or third sector organisations for people under the age of 18 who have been victims of violence. That is why the CICA scheme is so important: it gives victims the ability to get specialist therapy outside the NHS and the charitable sector. Does he agree that ISVA services need to be far better funded, so that they can offer much more bespoke support to victims throughout the UK, including child victims?

[Josh Babarinde]

I could not agree more with the hon. Member. As someone who has used an ISVA service myself—I am not sure that I could have gone through the process without it—I think that the value of those services cannot be overestimated. It is of great sadness to me that across our country there are what I would describe as ISVA deserts, where it is very difficult to access those services. This should not come down to a postcode lottery. People should not be victims of these terrible crimes in the first instance, but if they are, then wherever they are in the country, they should be able to access those critical services and support to help them to navigate their trauma, their survival and their recovery beyond.

I welcome the fact that the Government have taken steps to protect funding for organisations tackling violence against women and girls, but we know that there are victims and survivors beyond this cohort who will be left with less support at a time when they need more.

The test of a civilised society is how it treats its most vulnerable members. Right now, we are failing that test. Victims and survivors of crime deserve more than our sympathy; they deserve action. They deserve more than a criminal injuries compensation scheme that retraumatises those it is meant to help; they deserve a scheme that is fair, fast and fighting for them. The Liberal Democrats stand ready to work with the Government as they prepare the update to the victims code and forthcoming legislation, with a view to helping to achieve just that.