Where there's a Child to blame, there's a Claim

NCD News: Where there's a Child to blame, there's a Claim - 25.11.09

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Where there's a Child to blame, there's a Claim: It seems that every other person is receiving compensation for accidents, injury or even "psychological damage". While there are certainly cases where payment is justified, a recent case has brought to mind the implications of allowing children to gain compensation from being hurt by another child. In particular, those children who are under the age of criminal responsibility. The compensation system is already a heavy burden on the tax payer, and now we're being asked to fund compensation for the actions of wayward children without any justice coming from the child or their parents.

In the recent case of Jay Jones, the Criminal Injuries Compensation Scheme (CICA) have finally agreed that, yes, compensation is due. Jay was attacked when he was three years old by another child of the same age. They had been left alone in a car by the attackers parents when the incident took place. Jay was left with cuts and bruises after an estimated 11 blows from a car jack. Jay's parents have claimed that he was left traumatised by the attack and has expressed a fear of being near windows or going out without his parents.

In the eyes of the law, a child under the age of 10 cannot be prosecuted for any crime, as it is impossible to prove there is an intent to harm, let alone an understanding of the law. However, Jay's parents have argued that their son has been harmed and deserves compensation in the same way as anyone else. Their solicitor has also pointed out that the case for damages is a civil one and intent does not have to be proven.

The Daily Record last year, reported that a child in Aberdeenshire won £34,000 in compensation after she smashed her teeth after tripping over at school and another child received £800 after being hit by a lolly which bounced off a desk after being thrown by a teacher. With these and many more cases going through the courts, school yards are already hotbeds of compensation claims. In fact, an estimated £16,000 per day is paid out on accident claims in schools. If violent crimes involving children are now to come under CICA legislation, this number is bound to increase. Parents may be able to claim compensation from both the school and CICA if school friends decided to take a swing at each other - as they regularly do as children.

Perhaps one argument might be that these types of events are really very rare. How often do we hear of a child under ten attacking another child or even an adult? Statistics obtained under the Freedom of Information Act have shown that during 2007-2008, 1825 crimes were committed by children under the age of 10, including one 9 year old carrying a knife and 2 four year-olds who were questioned in connection with drugs offences. Another two seven year-olds were reported for being drunk and driving.

James Treadwell from the University of Leicester was quoted by the BBC as saying that children who commit crimes at a very young age are very likely to go on to become persistent offenders and their behaviour becomes integrated into their personalities.

So with some children behaving in ways which might be described as very adult, there may well be an argument for lowering the age of responsibility. If the tax-payer is expected to fund the result of their actions, surely the government should therefore be responsible for punishing those children?

It is not just children who may be able to take advantage of this ruling. Sharon Lewis of Nottingham has recently received a compensation payment of £280,000 after she was assaulted while working in a special needs school. In fact, more than £20m has been paid to teachers who have suffered assaults, discrimination and accidents in the last year. In these cases the compensation claim is usually directed at the education authority, but could now be aimed at CICA.

There has also been some concern that parents may well use their children to gain compensation payments for themselves. With some adults already faking car accidents and deliberately injuring themselves and others for compensation, it is conceivable that parents might encourage fights amongst children, or even with children, for the purpose of claiming. Such would certainly be an easier step than staging a car accident.

CICA have taken some steps to avoid this. According to their regulations, they ensure that any compensation paid to a minor is held in trust until that child turns 18 and parents do not have any access to it. A fact that any media outlet reporting on child compensation cases should include with every story.

In addition, they also have to be certain that a crime of violence has taken place and that it was not just a childhood game which went wrong. CICA do not make these facts well known and a failure to do so could be harmful.

We appear to be living in a time when children and the rest of society seem to be suffering at the hands of other children. The justice system seems to be unable to deal with it effectively, leaving the compensation system to pick up the pieces. Quite what that will do to a child's perception of justice is anyone's guess. †