Government agency apologises to man told he 'consented' to sexual abuse aged 13

Reversal comes after compensation authority announces new guidelines to stop supposed consent being used to refuse claims from grooming victims

The boy, known as HND, is among hundreds of victims of grooming and exploitation who had applications rejected by CICA (Rex)

The Government’s compensation authority has formally apologised to a man who was told he “consented” to years of sexual abuse that started when he was just 13 years old.

He was groomed and exploited by a string of older men, with 21 later convicted for offences including sexual activity with a child, inciting a child to engage in sexual activity and meeting a child after sexual grooming.

But when his family applied to the Criminal Injuries Compensation Authority (Cica) for funding on his behalf, they were told he had “consented” to the abuse suffered.

Days before the case was due to be appealed at a tribunal, Cica performed a U-turn and confirmed he is eligible for compensation.

In a letter, chief executive Carole Oatway apologised for the way the claim was handled, adding: “I am firmly of the view that you are eligible for compensation. It is clear that advantage was taken of your age and vulnerability for the purpose of sexual abuse.”

The man, known as HND, is among hundreds of victims of grooming and exploitation who had applications rejected by Cica, and it was unclear whether others have received letters of apology.

HND’s father said: “We are thankful Cica has changed its stance – but it should never have come to this. Having spent years coming to terms with what happened to him and that it was not his fault, my son was told by a state body that it was.

Rotherham survivor Sammy Woodhouse was among the other grooming victims initially refused compensation (PA)

“Child victims deserve better. We hope this decision, and the change in guidance, will help the many others who have suffered unnecessarily under this broken system.”

Liberty, which represented HND, said the appeal was conceded at the “11th hour” as a victim of child sexual abuse faced the traumatic prospect of giving evidence to prove he was a victim, even though his attackers had pleaded guilty.

Debaleena Dasgupta, HND’s solicitor, said: “HND should be extremely proud of having triggered changes that will hopefully stop other children and young people going through this. None of this would have been possible without his tenacity and strength.

“But the Government cannot stop here. The Criminal Injuries Compensation Scheme as a whole must now be reviewed and amended to properly support survivors of rape and abuse.”

The reversal came days after Cica announced new guidelines aiming to stop supposed consent being used to refuse claims from grooming victims following a campaign by several charities.

Liberty, Barnardo’s and Victim Support welcomed the rules, but warned that a “substandard system” is still in place that allows for child victims of sexual abuse to be told they consented.

In a joint statement, the chief executives of Barnardo’s and Victim Support, Javed Khan and Mark Castle, praised the courage of HND and his family.

“Cica has listened to our concerns and reviewed its guidelines to ensure the survivors of grooming and child sexual abuse get the compensation they deserve,” they added.

“We hope that clearer instructions for Cica staff and specialist training will mean survivors will no longer be denied compensation on the grounds that they complied with their abuse.

“We also welcome the Justice Secretary’s pledge to consider reviewing the rules for the whole scheme. No child can consent to abuse. But until the Criminal Injuries Compensation Scheme as a whole is amended, a risk of injustice may remain.”

Campaigners warned that the new rules still allow for children to be judged to consent to sexual relationships under the age of 18, including a “same roof” rule denying compensation to victims abused prior to 1979 by someone they lived with.

Dame Vera Baird QC, the PCC for Northumbria, told The Independent: “We currently have a situation where an executive agency of the Ministry of Justice’s stated public position is that a child can ‘consent’ to sexual activity with an adult.

“The law here is clear: there can be no issue of consent for victims who have been groomed where that person is under the age of 16.”

An urgent review was launched after it emerged that grooming victim, including a woman abused as a child in the Rotherham scandal, were being refused payments even when their attackers had been jailed.

David Lidington told MPs that Cica’s internal guidelines were undergoing a re-examination to ensure there was no risk a child could be disqualified because they had been groomed into giving consent.

The new rules were announced days after The Independent revealed that hundreds of alleged sexual assault victims had also been refused help because they have a criminal record, even for petty crime.

A new strategy for victims will be published early next year, incorporating recommendations from the ongoing Independent Inquiry into Child Sexual Abuse.