CAPA and criminal injury

Claims Against Public Authorities (CAPA)

A significant part of our work involves holding public bodies accountable when their failures cause serious harm. These are Claims Against Public Authorities, known as CAPA claims, and they often form some of the most complex work we handle.

CAPA claims arise where a public authority, such as a local authority, or other state body, has failed in its duty of care, and that failure has caused or contributed to abuse, neglect or other serious harm. This includes cases where children or vulnerable adults in the care of the state were harmed when proper intervention could have prevented or mitigated it.

What CAPA claims typically involve

• Local authority failures to protect children from abuse or neglect in family situations
• Failures by social services to act on known safeguarding concerns
• Inadequate responses by police or other agencies to reported abuse
• Unlawful detention of vulnerable children and adults
• Unlawful separation of family members, or failure to protect a child or vulnerable adult’s family life
• Institutional failures to identify, protect or support victims of abuse
• Failures to identify, avoid or mitigate abuse, neglect or injury of children or vulnerable people in the care of the state

How our Claims Against Public Authorities (CAPA) lawyers can help

CAPA claims are complex, often historic, and require sensitivity, careful handling and compassion.

Our team understands the legal architecture of these claims andwe advise on the merits of common law and human rights routes, manage the disclosure process, work with specialist expert witnesses and pursue robustly where cases have merit. We are experienced in cases funded through legal aid where appropriate, and operate as a recognised provider of CAPA legal services.

We recognise that abuse is never the fault of the person who has endured it. We are committed to helping our clients achieve justice, get answers to the questions that remain and, where possible, plan for a brighter future.

Criminal Injury Compensation (CICA) claims

Not every victim of violent crime has a viable civil claim. The Criminal Injuries Compensation Authority (CICA) provides a route to compensation for blameless victims of violent crime, including physical assault, sexual abuse and other serious offences.

CICA claims are governed by the Criminal Injuries Compensation Scheme, which sets out eligibility criteria, tariff awards and the conditions under which applications can be made. The scheme has strict rules and the application process is not always a straightforward route.

When going through a difficult and traumatic time you may need a trusted adviser to help guide you through the legal options available.

How we help with CICA applications

• Advising at the outset on eligibility, likely award levels and whether a CICA claim is the appropriate route
• Preparing the application, gathering medical records, police reports and supporting evidence
• Ensuring all injuries including physical, psychological and psychiatric, are fully and accurately presented
• Challenging refused or undervalued decisions through the review and appeals process
• Running CICA claims alongside civil litigation where both routes are available

We recognise that often the burden of dealing with the CICA process is too much for someone already coping with the aftermath of a serious crime. We can handle the complexity so you do not have to relive your experience more than necessary.

Criminal injury and abuse

Where someone has deliberately harmed you, whether through sexual abuse, physical assault, domestic abuse, grooming, exploitation or other violent conduct, you may have a civil claim against the perpetrator, an employing institution, or a public body that failed to protect you.

Our criminal injury and abuse lawyers help you to bring civil claims against individuals, employers, and other organisations that bear indirect liability or direct responsibility for the harm caused. We work with trauma-informed medical and psychological experts to build robust evidence of harm.