What can you do if your CICA compensation claim is rejected?
Steps to take when your CICA claim is refused
If you have been the victim of crime and suffered injury or psychological harm, you are entitled to make a compensation claim under a government scheme that is managed by a body called the “Criminal Injuries Compensation Authority” (CICA).
You might think that blameless victims of crime would automatically have a right to a compensation award following their ordeal, however that is not the reality for many individuals. The CICA have a strict set of rules and criteria that have to be met and many people fall outside the eligibility test despite having on the face of it a clear case for compensation.
Why do the CICA reject claims from victims of crime?
The TOP 3 reasons for the CICA rejecting a claim are as follows:
- The claim is made outside of the permitted deadline.
- The injuries are too minor for an award to be considered.
- The applicant has “unspent” criminal convictions.
We discuss claim deadlines here in more detail. This is one area where the CICA can be flexible in certain circumstances so it is always worth taking advice on such a dispute.
The opportunity to claim for minor injuries was removed from the compensation scheme following updated legislation in 2012.
The rules regarding criminal convictions are rigidly applied and subject to the strict legislation regarding when they become rehabilitated or “spent”.
What can you do if your case is rejected?
- Ask for a Review
Each and every time the CICA make a decision on a claim – good or bad – they allow the claimant to request a “Review” if the applicant disagrees with the outcome. Whether this be a low award offer or a rejection of the application.
You have 56 days from the decision letter to request a review. The process takes the shape of an internal appeal whereby a senior member of staff within the CICA reads your file and the available evidence to determine if the decision made was correct or reasonable in accordance with the scheme rules.
If the review stage leads to a disappointing outcome, you have the right to lodge a tribunal appeal with the HM Courts & Tribunals Service.
- Tribunal Appeal
You are able to lodge a tribunal appeal within 3 months of the CICA final review decision letter. The paperwork will be provided by the CICA who also outline the procedures involved. In very simple terms you need to submit a full statement of case to the tribunal within the allotted time.
They will assess the facts during an initial stage and then advise whether the matter is suitable to be assessed a tribunal judge. A hearing may be necessary (but many cases are adjudicated on without one) and at the end of the process the judge will decide on the merits of the appeal.
Call us to discuss your case today - 01423 593 002 or complete our enquiry form
If you need advice on your rejected case – please call us for an impartial view. We might be able to direct you or represent you fully during the review or appeal process.