This page discusses what steps you can take if your criminal injury claim is rejected by the CICA or leads to an inadequate award proposal. In both instances you have the right to request a Review of the initial decision.
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.
The TOP 3 reasons (according to our own data) for the CICA rejecting a claim are as follows:
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 rules regarding criminal convictions are rigidly applied and subject to the strict legislation regarding when they become rehabilitated or “spent”.
– Asking for a Review
When the CICA make an initial decision on any claim, the applicant has the right to request a review of the decision if they disagree with it. Whether the compensation award is too low or the claim itself has been completely rejected, the right to submit a review remains open to you.
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 (who has not previously dealt with the case) reassesses your file and the available evidence to determine if the decision made was correct or reasonable in accordance with the scheme rules. Any decision made must be “fair and just”.
If the review stage leads to a disappointing outcome, you have the right to lodge a tribunal appeal with the HM Courts & Tribunals Service. This takes the case out of the hands of the CICA and into a quasi-judicial environment which for many people will necessitate legal advice.
– Tribunal Appeal
If you receive a “final” decision from the CICA and are unhappy with the outcome, you have the option to lodge a Tribunal appeal to the First Tier Tribunal (Criminal Injuries Compensation) within 3 months of the CICA decision letter. The paperwork will be provided by the CICA who will also outline the procedures involved. Alternatively you can use the link above to apply through the First Tier Tribunal (FTT) website. We can help with Tribunal representation and have a dedicated page on the appeal process here. We handle all accepted cases internally including any advocacy at the tribunal.
The FTT 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 some cases are adjudicated on without one) and at the end of the process the FTT 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.