Criminal Injury Compensation Authority (CICA) – Progress Report

Since its inauguration in 1964, the Criminal Injuries Compensation Authority (CICA) has paid out over three billion pounds in compensation to blameless victims of violent crime.

It is a Government-funded scheme that allows such victims to claim recompense when they have no other avenues to turn to, up to a maximum value of £500,000.

What Criticism Has the CICA Faced?

Despite this, the CICA has come under heavy scrutiny time and time again. These criticisms involve failure to adequately compensate victims of crimes of a serious nature (such as sexual assault and other crimes resulting in life-changing injuries), reduction of awards which result from CICA suggestions that victims contributed to the injuries they sustained, and the length of time it takes for the CICA to decide a claim.

These criticisms have led the Authority undergoing numerous and extensive changes, such as the introduction of a tariff to make the level of potential awards clearer, and alterations to the way previous convictions affect the scheme.

The CICA decided to set out their main priorities for the time between 2014 and 2017, however it has certainly been left ambiguous as to whether the organisation has met some of these.

Processing Applications as Quickly and as Fairly as Possible

While no specific time scales are given by the CICA, they advise that a client should expect to wait at least 12 months before a claim is decided. Depending on severity and complexity, this time can be extended significantly, with some cases known to have taken over 2 years to achieve an outcome.

While the CICA currently employs over 300 staff, they are expected to handle new claims, request further case details and advise updates whenever possible for the entirety of the UK from their single office in Glasgow. This leads to heavy delays and clients are left feeling dejected on top of the injuries they sustained in their incidents.

Treating Applicants With Sensitivity and Courtesy at all Times and Helping People Understand the Services Better

Dr Olivia Smith, of Anglia Ruskin University, carried out research in 2017 into victims of rape applying to the CICA and found that many were facing unfair obstacles in their efforts to be sufficiently compensated.

Research has found that low-level offenses, including using a phone while driving and non-payment of a TV license have been used to, not simply reduce but also completely reject a rape claim, with the government justifying them as causing enough public distress that providing these victims with financial reparation would be immoral.

While some of the decisions were eventually overturned on appeal, there are some instances of an Applicant feeling so dismayed at the process that they simply discard their claim, causing them to lose out on compensation they were entitled to.

What About Delays through Police Request?

The other problem that is commonly presented with victims of sexual assault is that they are being advised by police to delay bringing their CICA claim until after court proceedings have finished. The warning was given to victims being that a defence lawyer would use this claim against them in the witness box. Whilst the advice is perhaps innocently given, the CICA implement a 2-year deadline from the date of injury for a claim to be brought.

They are extremely strict with this deadline and only ever extend it in exceptional circumstances. This lack of understanding, despite not being at the fault of the Applicant, causes a portion of claims to be immediately, and unfairly, rejected.

Neither of these scenarios helps discourage the belief of one of the advisors Dr. Smith spoke to when doing her research that ‘ is set up so that can find any excuse possible not to compensate’.

While the scheme has helped offer compensation to individuals who have no other option, clearly it still has some critical flaws. The foundations of the organisation are in place and are there to be built upon however a re-evaluation is necessary to prevent leaving victims feeling disparaged and discontented.

The efficiencies of the deadline set to bring a claim forward and the immediate exclusion of an award if an applicant has an unspent conviction, no matter the level, must be seriously questioned if the scheme is to maintain face.

When Was the Review Announced?

The Rt Hon David Gauke MP, the Justice Secretary, announced on 9^th September 2018 that the CICA would be undergoing a complete review. This will address not only the two points raised above, but also the potential to broaden the definition of a ‘crime of violence’ and clarification of the eligibility, entitlement and amount of compensation victims of terrorist attacks can be awarded amongst other things. 2019 is set to be a potentially defining year for CICA.

If the government can improve upon the failings that currently preside, we will hopefully see an updated scheme that becomes clearer, faster and most importantly, fairer.

Further Reading

To learn about the Criminal Injuries Compensation Authority, read our guide to the CICA here.

WHAT TO DO NEXT

For any enquiries regarding the CICA or criminal injury, get in touch today for a free initial consultation in complete confidence. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.

– Article by Daryl Smith

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