The Criminal Injuries Compensation Authority (CICA) operates a scheme designed to compensate blameless victims of violent crimes, including physical and sexual assaults.
What is CICA?
Since 1964, the CICA and its predecessor have paid over £3 billion in compensation.
A statutory scheme was introduced under the provisions of the Criminal Injuries Compensation Act 1995, which was revised in 2001, 2008, and 2012.
The scheme offers compensation for over 300 different injuries, with compensation ranging from £1,000 to £250,000.
Eligibility for a CICA Claim
Individuals may be eligible for a Claim if they sustain a criminal injury directly attributable to being a direct victim of a crime of violence committed in a relevant place.
What is a ‘Crime of Violence’?
The CICA defines a ‘Crime of Violence’ as a crime which, by intention or recklessness, involves any of the following:
- A physical attack
- Any other act (or failure to act) of a violent nature which causes physical injury to a person
- A threat against a person causing fear of immediate violence
- Sexual assault
- Arson
What is a ‘Relevant Place’?
A relevant place primarily means Great Britain. It also includes niche areas such as a British-controlled aircraft, a British-controlled hovercraft, or a lighthouse off the coast of Great Britain.
Conditions and Time Limits for Application
Several conditions must be met for a CICA claim:
- Reporting: The crime must have been reported to the police as soon as ‘reasonably practicable’.
- Co-operation: The applicant must have fully co-operated with the police and the CICA claims officer.
- Time Limit: As a general rule, the crime must have taken place within the last two years of applying.
- Under 18s: If the applicant was a child under the age of 18 on the date of the incident, they have until they turn 20 years old to submit a claim.
- Note: Applicants are advised not to delay an application while waiting for a criminal investigation to conclude, as this may cause them to miss the deadline.
- Exceptions: There can be exceptions to the two-year rule if the applicant could not have applied earlier due to exceptional circumstances.
Impact of Conduct and Previous Convictions
The CICA has the power to reduce or reject an application if the applicant’s conduct before, during, or after the incident makes an award inappropriate.
Previous criminal convictions can also affect eligibility. The impact largely depends on whether a conviction is ‘spent’ or ‘unspent’. The time a conviction remains “relevant in law” varies depending on the severity of the offence.
Some unspent criminal offences can completely restrict the CICA’s ability to grant compensation.
The CICA Tariff and Compensation Calculation
The CICA calculates compensation using the 2012 Scheme Injury Tariff, which provides set values for physical and psychological injuries based on severity.
Multiple Injuries
The scheme compensates for a maximum of three injuries, provided each is serious enough to qualify for an individual award. The calculation is as follows:
- 100% of the compensation for the injury with the highest value.
- 30% of the value of the second-highest valued injury.
- 15% of the value of the third-highest valued injury.
There are also additional payments for losses that may be claimed; 3 are shown below with examples:
Examples of Common Awards:
- A fractured jawbone resulting in ongoing problems: £3,500 – £6,200 (if an operation occurred).
- Facial scarring causing serious disfigurement: £11,000
- Injuries resulting in very severe, permanent tinnitus: £16,500
- A permanent and seriously disabling psychological injury: Up to £27,000
Frequently asked questions:
How long does it take for a CICA claim to conclude?
The CICA advises that an application with them takes on average between 12 to 18 months to resolve. It is important to note that this is a guideline and not guaranteed.
The time it takes to decide on a claim depends on a number of factors, including the severity of injury, the complexity of a claim and the co-operation shown by an applicant.
Sexual violence Fast-Track option
We want to make applying for the compensation you deserve as easy as possible for you.
When applying for compensation for crimes of sexual violence, the CICA presents a service which allows them to settle your claim quickly and with the least intrusion possible.
By utilising the injuries tariff, they can use fixed payments based on the nature of the assault. This will not take any psychological damage or additional physical injuries into account.
If this service is chosen, the CICA will:
- Check your eligibility and ask the police to send them a report of the crime
- Write with a decision
- No need to obtain, access or examine any of your medical records
The CICA advises that they can complete all the steps in this process in around 8 weeks.
What if my claim is initially rejected by the CICA?
There is no need to panic. The CICA has a review process to allow you to challenge their decision. A legal representative can make this as easy as possible, guiding you on the reasons to apply for a review and the steps to take to further evidence your claim.
If you disagree with the review decision, you are then able to take this one step further and appeal to the First-Tier Tribunal. The members of the First-Tier Tribunal are completely independent of the CICA and will consider the entire claim, noting both your side and that of the CICA.
Why would I need a solicitor?
Criminal Injuries Compensation Authority claims can be complex and confusing, making it essential to have an experienced representative to guide you through the process. A legal representative can improve the likelihood of success, as more people choose to pursue these claims on their own.
However, those without representation are more likely to have their claims rejected due to a lack of understanding of the claims process, required criteria, and failure to meet deadlines.
Between 2020 and 2021, the average payout for applicants without legal help was £8,692, while those with legal representation received an additional £4,853, resulting in an average payout of £13,545.
Why choose Oakwood Solicitors to make your CICA claim?
Oakwood Solicitors Ltd agrees to work on your CICA criminal injury claim on a ‘no-win, no-fee’ basis. If your claim is unsuccessful, you will not be expected to pay us a penny. If you are successful in your claim, we take a percentage of the compensation, meaning that the only time we will receive money is if we have brought your claim to a fruitful conclusion.
You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have. If it is preferable to you, we are able to assign you one of our female advisors to carry out your claim.
Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.
Further information:
Oakwood solicitors: Criminal Injury (CICA) Claims.
Responsibilities of an applicant during a CICA claim.
GOV.UK: Criminal Injuries Compensation Authority.
WHAT TO DO NEXT
For any information about bringing a CICA claim, get in touch today for a free consultation.
Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.
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Molly Frost joined the Firm in June 2024 and specializes in abuse compensation claims. Having over 20 years’ experience helping survivors recover compensation, she is considered an expert in her fie…
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