Criminal injury compensation refused by CICA what are your options

Why your CICA application could be declined

If you are the victim of violent or sexual crime in the UK and suffer injury or harm as a result, the government have a compensation scheme to provide some redress for what you have been through.  The compensation scheme is managed by a body called the Criminal Injuries Compensation Authority (CICA). 

Many victims of violent crime will unfortunately be refused compensation due complex and in some instances absurd rules that are included in the scheme. There are rules relating to deadlines for applying, rules for penalising victims of crime who may have minor criminal records and subjective rules for claims to be refused due to perceived non-cooperation with either the police or even the CICA itself.

What impact do these unfair rules have on applicants?   

According to the official statistics issued by the CICA for the period 2023/2024 almost 60% of cases were refused. This means almost 18,000 victims of violent crime didn’t receive compensation that they should otherwise have been entitled to.

Top 3 reasons CICA refuse compensation

• The applicant has current or previous criminal convictions

• The application was received too late – outside the 2 year time limit set by the CICA

• Non cooperation with police

If you or a loved one have had your claim refused - call us to discuss your case today - 01423 593002 or complete our enquiry form

More detail about why your claim might be refused and how to respond:

• The applicant has current or previous criminal convictions

If an applicant has themselves been in trouble with the police or has for example a motoring conviction (not speeding but something more serious) a compensation award may be withheld or significantly reduced. more here on this.

Not all criminal convictions are equal. Most convictions have a lifespan before they become “spent” under the Rehabilitation of Offenders Act 1974. The life or relevance of a conviction can extend far beyond the period of the time due to serve or for example the period of a community order. The rehabilitation period can be much more punitive than you realise but you must get this right and have a clean record before you apply to the CICA for compensation under this scheme.

Check your criminal record by making a subject access request here:  

At the more severe end of the scale if you have sustained a custodial sentence (ie: imprisonment) lasting more than 4 years such convictions are deemed to be “never spent “ and you will not be eligible for compensation.

For those with minor convictions such as (standard) drink driving offences or similar you should still receive compensation, but the CICA have the right to reduce your award by up to 33%.

What can you do if your case is refused due to a conviction?

If your claim has been refused completely because of a live or unspent criminal conviction, there is usually very little you can do about this due to the strict interpretation of the rule and the Rehabilitation of Offenders Act legislation which underpins the basis on which the rule is administered.  

• The application was received too late – outside the 2 year time limit set by the CICA

All claims for criminal injury compensation are subject to strict deadlines.

You must ensure you make your claim to the government wherever possible before the permitted application period which is usually 2 years from the crime, or in sexual assault or abuse cases, 2 years of reporting the matter to the police.

The CICA will generally refuse any claim made outside of the relevant 2 year deadline.

What can you do if your claim is refused due to being too late?

The CICA can apply discretion in certain cases where there are “exceptional circumstances” and valid reasons for a claim not being received in time.  One such reason could be a delay caused by ill-health (very often mental health) induced by trauma or underlying etc.

If you can establish that you were too unwell to go through the arduous process of making a claim prior to the deadline expiring then an extension of time may be granted. You will need evidence from your GP or treating specialist (counsellor or therapist will suffice) in order to argue on this point.

• Non-cooperation with police

If you have not cooperated or it is perceived you have not cooperated with the police during the investigation into the violent crime that led to your injury, your criminal injury claim may well be refused.

This issue arises very often in domestic abuse cases where a victim has withdrawn support from the investigation or refused to turn up in court to give evidence. In such cases the CICA have full discretion to decide what might constitute a lack of cooperation and they often get this wrong or apply the rule too harshly.

What can you do if your claim is refused due to lack of cooperation with the police?

First things first, get the full facts as to why the case was declined on these grounds. Ask to see the CICA police file that led them to make their decision. You can do this by making a Subject Access Request to the CICA and emailing them on info@cica.gov.uk quoting all your case details (references, your personal data etc)

If the decision is deemed unfair or incorrect you should ask for support from the police officer dealing with your case.

If the CICA have harshly interpreted events or not considered your health status, challenge the decision by making a request for a review or even go to a Tribunal appeal if you feel the evidence is in your favour.

If you need help with your claim once it has been refused by the CICA – please get in touch on 01423 593002. We can provide immediate representation in many cases.