CICA: ‘broken system’ as victims of crime are let down without legal advice

Victims of crime are being let down by the current CICA (Criminal Injuries Compensation Authority) system, as figures show that many are being under-compensated by tens of thousands of pounds.

Data from the Office for National Statistics and the Scottish government shows that approximately 480,000 people are injured as a result of violent crime every year, and the CICA is in place to help these victims claim for the damages.

However, figures show that just three per cent of these victims go on to receive any compensation.

Evidence is mounting that the CICA system is broken, and many injured people are missing out on the compensation they should be entitled to, especially when making an application without legal advice.

At present, the CICA tells claimants they do not need to seek legal advice to make a claim, but figures show that those who do have a much better outcome.

This is because the CICA can be deceptively complex, and without legal advice, victims do not have the knowledge to know if the CICA’s offer is fair, or have the confidence to challenge the initial decision.

The CICA also has strict criteria and deadlines that need to be met, which can be confusing and overwhelming for those without legal knowledge, and often results in a rejected claim.

Data provided by the CICA shows a huge discrepancy between the amount of compensation offered to victims before and after an appeal. From 2022 to 2023, there were 379 CICA cases where compensation was offered at an appeal. In these cases, an average of £7,848 was initially offered.

However, after an appeal, the average rose to £47,339 – six times more than the initial offer.

Concerns have also been raised about the ‘inhumane’ and time-consuming application process victims of crimes need to go through to make a claim. By using a legal representative victims of crime will have an expert to guide and advise them through the process, and will have less contact with the CICA directly.

Statistics show that victims of crime do not find dealing with the CICA a positive experience, as just 15% of claimants felt that the information provided by the CICA was easy to understand, and only 18% said the time limits to provide evidence were manageable.

Issues were also raised around how victims of crime were treated by the CICA, as 62% said they did not feel treated with empathy or respect, and 72% said the CICA was not sympathetic to their needs.

At Oakwood Solicitors, we have dealt with clients first-hand who have struggled to submit a CICA claim themselves.

In one case, a previous client of ours had been through a traumatic experience, so she was entitled to CICA compensation as a result. However, due to the strict guidelines that are enforced, she looked set to miss out on this, and the claim was ready to be rejected.

However, after one of our advisors spoke to the CICA, explained the situation and directed them as to the severe difficulties our client was having in obtaining the information that they had requested, they passed the claim through to their decision-making team and made an assessment based on the information they already possessed.

This resulted in our client receiving £16,500 in compensation when, if she had not had a legal representative, her application would have been rejected and she would have been left with nothing.

How does the CICA award compensation?

The CICA calculates awards for criminal injury compensation using a tariff that contains provisions for both physical and psychological injuries.

• 100% of the injury that achieves the highest compensation
• 30% of an injury that is worth either equal to the most serious injury or the second-highest compensation
• 15% of an injury that is worth either equal to the second most serious injury or the third-highest compensation
• There are also additional payments for losses that may be claimed

Types of crime the CICA covers

• Physical injuries
• Disabling mental injuries
• Sexual or physical abuse
• The death of a close relative
• Paying for someone’s funeral
• Loss of earnings and expenses

How does the CICA assess injuries? 

The CICA introduced a statutory scheme in 1996 that has undergone multiple amendments over the past two decades. The current Scheme (the 2012 edition), contains an injury tariff that provides for multiple common injuries ranging in severity and value.

Common awards include:

• A fractured jaw bone resulting in ongoing problems. This would be valued at £3,500 and could rise to £6,200 if an operation had taken place.
• Facial scarring causing serious disfigurement. This could be valued up to £11,000.
• Injuries resulting in permanent tinnitus which is very severe can be valued at £16,500.
• Loss of teeth could be valued up to £3,500.
• A permanent and seriously disabling psychological injury, with a potential value of up to £27,000.

I submitted the claim myself but have been rejected – what can I do?

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 should I choose Oakwood Solicitors Ltd to make my 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 can 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 reading

Criminal injury claims – Oakwood Solicitors

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