The Criminal Injuries Compensation Authority is also known as the CICA. The authority deals with claims for compensation from people who were subjected to crimes of violence which results in them being physically or mentally injured. The CICA covers England, Scotland and Wales and is an Agency of the Ministry of Justice. The offices of the CICA are based in Glasgow where over 200 staff are employed. The authority deals with over 30,000 claims annually and pay out over £130 million to innocent victims of a violent crime.
To find out more about the Criminal Injuries Compensation Authority and how the Scheme helps blameless victims seek compensation, please read on.
What Responsibilities Does the CICA Have?
The criteria and amounts of compensation that the CICA can pay out are set by the Government’s Criminal Injuries Compensation Scheme in their tariffs of injuries. The role of the authority is as follows:
- To consider applications from victims of violent crime who seek compensation as set out by the Scheme
The CICA also has a compensation scheme for people who are victims of terrorism overseas.
What Are CICA’s Priorities?
The CICA’s priorities are as follows:
- To provide a service that is accessible to victims of violent crime and to treat them with sensitivity, fairness and compassion
- To ensure that the CICA workforce is motivated and capable of the work they undertake and that staff share the CICA values, operating a service that is both efficient and professional
- To efficiently operate an accurate assessment process and to account for all public funds that are spent
- To work with CICA stakeholders as well as other agencies with an end goal being to promote an effective understanding of the “statutory compensation schemes” that the CICA administers
- To improve applicant’s experiences, to inform of process changes and develop digital services
Claiming Compensation Through the CICA Scheme if You Are a Victim of a Crim of Violence
Under the CICA scheme, you could be entitled to claim compensation if you were the victim of a violent crime providing the following applies to you:
- You were injured in the assault against you
- One of your close relatives died
- Your witnessed the crime which happened to a loved one – or you were immediately present after the incident occurred
- You paid the funeral costs of someone who died
If the assault/crime occurred in Northern Ireland, the process differs to that in England, Scotland and Wales.
What is the Time Limit to Making a Compensation Claim Through the CICA Scheme?
The deadline to making a compensation claim through the CICA scheme is set at 2 years from the date of the assault against you. However, to apply you must have reported the crime to the Police. With this said, you could be entitled to make a claim through the CICA scheme after the 2 year deadline providing either or both of the following apply to your case:
- Your claim involves childhood abuse or it involves physical abuse
- You were unable to claim any earlier an example being that your physical or mental health prevented you from doing so
You could also be entitled to claim compensation if an assault or crime against you occurred prior to 1st October 1979 and your assailant lived with you as a member of your family at the time of the incident which is known in legal terms as the “same roof” rule.
Can I Claim Compensation Through the CICA Scheme if I Got Injured Trying to Stop a Crime?
If you are a witness to a crime and you try to stop it, you could be entitled to claim compensation through the Criminal Injury Compensation Scheme if you are injured in the process, providing you are deemed to have taken a “justified and exceptional” risk to do so. An example being if someone is in danger and you were not trained to manage the situation.
Where Can I Get Emotional and Practical Support Following a Violent Crime?
If you were the blameless victim of a violent crime, you can get emotional and practical support from the Victim and Witness Information website if you reside in England and Wales.
If you live in Scotland, Victim Support Scotland provides both practical and emotional support and advice to people who were subjected to a violent crime.
If you are a member of a trade union, support for victims of violent crime or an assault is available to all members.
Am I Eligible For Compensation Through the CICA Scheme?
For your compensation claim to be accepted under the CICA scheme, the crime must have been to be reported to the Police if it happened in England or Wales. Other criteria that must be met includes the following:
- Nationality – you must be a citizen of the UK, a EEA or EU national or you could be a close relative of theirs
Other criteria relating to nationality includes:
- The member of a family of a national of the EE or EU with the right to live in the UK
- The member of the armed forces – or a close relative who lives in their household
- The potential human trafficking victim with the stipulation being “on or before” the date of an application which must have been confirmed by the UK Visas and Immigration as well as the “UK Human Trafficking Centre”
- The applicant is seeking asylum
- The national of a country which has signed up to the Council of Europe Convention on the Compensation of Victim of Violent Crimes
You may also qualify to receive compensation through the CICA scheme if you happened to be “ordinarily resident” in Britain when the crime was committed against you. The criteria would be based on your “connection” to the country – an example being if you happen to live, work or study in the UK or were a member of the family of somebody who was.
What Can I Be Compensated For Through the CICA Scheme?
When you apply for compensation through the CICA scheme, you can claim for the following:
- The physical injuries you sustained
- The disabling mental injuries you suffered
- Physical and sexual abuse
- If a close relative dies
- If you pay the cost of somebody’s funeral
- Your loss of earnings
- The expenses you incurred as a direct result of the injuries you sustained whether physical or mental
If you include “disabling mental injuries” in your CICA claim, you must have been diagnosed by a clinical psychologist or psychiatrist.
Should you want to claim for your loss of earnings, you must have been unable to do paid work or to have a “very limited” ability to do so for 28 weeks or more in order to qualify. You would not receive a CICA payment for the first 28 weeks that you are off work due to the injuries you sustained.
Another stipulation is that you would have to have been employed when the violent crime against you occurred or during the 3 years immediately preceding the incident. If you were not in employment, you may still qualify if your circumstances meant you could not carry out “paid” work – an example being because you happened to be in full-time education, you were retired or you were caring for somebody.
You may also be able to claim your pocket expenses for the following:
- Home adaptations, mobility aids and care
- Damage to your physical aids examples being glasses, walking sticks or dentures
How to Make a Claim for Compensation Through The CICA Scheme
The process of filing a claim for compensation to the CICA is done online, however, it is always wiser to seek legal advice beforehand to avoid any delays or your application being turned down or delayed.
Should the incident have occurred between the following dates – 1st August 1964 and 30th September 1979 and you were living with your assailant as a member of the family when the incident happened, you may ask somebody to call you in order to begin your claim through the CICA scheme.
When making a claim to the CICA, you would need to provide the authority with the following:
- When and where the crime occurred
- Where the crime was reported to the Police
- The crime reference number the Police gave you
- The name and the address of your GP
- Should you have suffered injuries to your teeth during the crime, you must provide the name and the address of the dentist who treated you
- The details of any applications that you previously made to the CICA scheme
- The details of unspent criminal convictions
- Your proof of identity and anybody that you are responsible for – examples being a marriage or birth certificate, the power of attorney or a deed poll
If you provide any false or misleading information, your application for compensation through the CICA scheme may be turned down and you could be prosecuted.
You would also need to provide evidence that you attempted to receive compensation or money you could be entitled to through other means. Examples being as follows:
- That you tried to claim benefits
- That you attempted to receive insurance payments
- Through civil court action
- Through a case in the criminal courts – should the crime have gone to court
It is important to know that you do not have to wait for the outcome of any other claims that you have submitted in order to claim compensation through the CICA scheme.
What Happens Once You Report a Crime to the Police?
When you report a crime to the Police, you would be given a reference number which you need to attach to your compensation claim if you choose to make it through the CICA scheme. You would also need to provide the Police reference number each time you contact the authority.
The CICA would then assess your claim for compensation as follows:
- The details that you provide in an application would be considered
- The information that is provided by the Police which would include the evidence that you provided when you reported the crime to them, would be factored into your claim
- The authority would establish whether you have a criminal record
- Should your injuries have merited medical attention, the authority would take into account the report a doctor or other medical professional provided
Should CICA require any more information regarding the crime against you, they would get in touch with you before completing their assessment of your claim for compensation through the CICA scheme.
What Medical Evidence is Needed If I Claim Compensation Through CICA?
When apply for compensation to CICA, as previously mentioned, you may be required to provide a medical report which can cost anything up to £50. If you have trouble paying for the report, you can contact the CICA for help. You may also be required to be examined by a psychologist so they can produce an assessment should your claim for compensation include any mental injuries you sustained in the crime committed against you.
Working With a Criminal Injury Lawyer When Making a Claim for Compensation to the CICA
There is nothing to stop you working with a personal injury lawyer when making a claim for compensation through the CICA scheme. It is also wiser to seek legal advice from a solicitor prior to making a claim to avoid any delays or errors in an application which could result in the authority turning it down. However, if you have a disagreement with a solicitor on how much you may owe them for representing you, the CICA would not pay out the full compensation you may be entitled to receive until the dispute is resolved.
What Happens If I Disagree With a CICA Decision?
Should you disagree with a CICA decision on your claim for compensation, you can write to the authority and request they review it. You can also appeal to the Criminal Injuries Compensation Tribunal if you disagree with the CICA’s review.
What is the Criminal Injuries Compensation Tribunal?
You may file an appeal to the “First-tier Tribunal – Criminal Injuries Compensation – should you not agree with the CICA’s decision relating to your claim for compensation through the scheme. You can appeal if you are unhappy with the following:
- The authority refused to pay any compensation to you
- You are unhappy with the level of compensation you are awarded through the CICA scheme
The Tribunal may do the following if you file an appeal:
- The Tribunal could uphold a CICA’s decision
- Your award may be increased or reduced
- A decision could be made that you do not receive any compensation
- The Tribunal may request that the CICA come to a new decision
The deadline to making an appeal to the Tribunal begins from the date of the CICA’s reviewed decision. Should you miss the time limit to filing an appeal, you would need to provide an explication to the authority why this is – an example being that you missed the deadline because you were waiting for a medical report.
The Criminal Injuries Compensation Tribunal is an independent body and as such, they would consider both sides of an argument prior to coming to a final decision.
Where Can I Get Help When Making a Claim for Compensation to the CICA?
If you need help when making a claim for compensation to the CICA, Victim and Witness Information provides support to blameless victims of violent crimes. With this said, it is always advisable to seek legal advice from a personal injury lawyer too because making a claim for compensation to the CICA can be a complex legal process and it is essential that you get things right from the outset.
What if I Need to Update My Claim For Compensation to the CICA?
You must update the CICA if any of the following applies to you and your claim for compensation through the scheme:
- You change your contact and personal details
- You change solicitors or stop using a legal adviser
- You receive compensation or any other money via another source after you have made your application to the CICA
Can I Claim Compensation if I Lived With My Attacker Before 1st October 1979
If you were the innocent victim of a violent crime and you lived under the same roof as your attacker before 1st October 1979, you can still claim compensation through the CICA scheme providing the following applies to your case:
- The crime against you occurred between the dates of 1st August 1964 and 30th September 1979
- You were living with your assailant as a member of their family when the incident occurred – often referred to as the “same roof rule”
You would have until the 12th June 2021 to file a claim for compensation through the CICA scheme.
Can I Still Claim Compensation Through the CICA If I Have Claimed Before?
Should you have claimed before through the CICA scheme and your case was turned down or reduced due to the “same roof rule”, you are allowed to reapply for compensation through the CICA scheme because the “rule” no longer applies.
What Advantages Does a Personal Injury Solicitor Provide When Making a Claim to the CICA?
As previously mentioned, it is always recommended that you seek legal advice prior to filing a claim for compensation to the Criminal Injuries Compensation Authority if you are the innocent victim of a violent crime. The reason being that you must provide the right sort of evidence and essential personal details when filling out your application to the CICA. Any errors or lack of evidence relating to the crime against you, could result in your application for compensation being turned down by the authority.
A criminal injury lawyer has vast experience when it comes to managing claims for compensation for blameless victims of violent crimes and are up to date on what sort of evidence is required to validate claims. Another advantage of working with a lawyer when filing for compensation through the CICA scheme is that if it is felt you have a strong case, the solicitor would work with you on a No Win No Fee basis. This takes all the financial worry of paying for legal advice when you need it the most off the table.
A personal injury lawyer would also arrange for you to be examined by an independent medical professional and the report would be submitted with your application to the authority gaining valuable time. Should you have suffered mental injuries because you were the victim of a violent crime, the solicitor would also arrange for you to be assessed by a clinical psychologist or psychiatrist and the report on your mental health they provide would be an essential part of the evidence you submit when filing a claim for compensation to the Criminal Injuries Compensation Authority.