A CICA (Criminal Injuries Compensation Authority) claim provides a way for victims of violent crime and abuse in the UK to claim compensation. 

What type of crime is included in Criminal Injury Compensation Authority (CICA) scheme?

Several criminal acts can be the basis for a claim, including but not limited to:

• Physical assaults
• Sexual assaults
• Domestic / family violence
• Road traffic offences / hit and run
• Child abuse

Usually, the scheme is a last resort and other options for compensation should be considered first. For example, if there is a relevant insurer a civil claim may be more appropriate.

You can submit both a civil claim and a CICA claim. If your civil claim is successful you will be expected to pay back any money you have already received from the CICA. This is because you cannot be compensated twice for the same incident. We can help you determine your best options.

What should I initially be thinking about when I am considering making a CICA claim?

You should have reported the crime to police.  If you haven’t already done so you will need to make a report at the earliest opportunity. The CICA must be satisfied that you have done everything you can to assist the police with their investigations. You don’t need to wait for the outcome of the investigations or court case as the claim is not dependent on this. It doesn’t matter if you don’t know the identity of your assailant. This should not prevent a claim.

You should apply within the required timeframe. This is usually 2 years from the date of the crime, but the rules are different if you were under the age of 18. In this case where the victim was a child when the crime occurred and it’s reported to the police before their 18th birthday, they have until their 20th birthday to submit the application.

What will I be asked when I make an application to the Criminal Injury Compensation Authority?

Whether you’re applying yourself or instructing Switalskis to help, you will need to obtain the following information:

• Date the incident occurred
• Where the incident occurred
• Time the incident occurred
• Date the incident was reported to the police
• Name and badge number of the police officer the incident was reported to
• Crime reference number
• Full name/address of GP, hospital and / or dentist
• Details of injuries suffered and/or photographs of injuries
• Medical treatment received
• Details of any previous application and / or compensation received in respect of the incident
• Details of any unspent criminal convictions
• Proof of parental responsibility if the claimant is under 18

What evidence should I obtain?

You should submit a copy of the police report and, depending on the type of injury you have sustained, you may need GP records, hospital records and / or dental records. If you don’t have a police report the CICA will apply for it.  

Expert reports can be costly and are only recommended in cases where they are necessary. We can help determine whether an expert report should be prepared to support your case.

How long will it take the CICA to reach a decision?

Your application can either be accepted or rejected. The timeframe for the CICA depends on the complexity of your case and the amount of evidence involved. The CICA may ask for further clarification and you must cooperate and provide all the information required or there is a risk the CICA may reject your claim.

If your case is accepted, the CICA will assess the value of compensation you are to receive. The CICA use a banding tariff of injuries.

The CICA scheme specifically awards compensation for both physical and mental injuries, as well as sexual abuse and domestic violence, but only for injuries listed within its scheme.

Appealing the CICA decision

If you disagree with the initial decision, a review application can be submitted within 56 days. The CICA will reassess the claim, and a different caseworker will make a new decision. If still dissatisfied, you can appeal to the CICA Tribunal, which is separate from the CICA. The Tribunal's decision is usually final.

What if I suffer from more than one injury?

You will only be able to claim for the three most serious injuries. The amounts payable for each will be reduced as follows:

1.     100% of the full tariff value will be awarded for the most serious injury

2.     30% of the full tariff value will be awarded for the for the second most serious injury

3.     15% of the full tariff value will be awarded for any additional injury

The benefits of using a solicitor for a CICA claim

We understand that CICA claims can be sensitive and complex and we will do all we can to take the stress out of the CICA process for you.

We will complete and submit the application, as well as gather any evidence required. After your application is submitted, we will keep you fully informed and up to date with the progress of your claim.

By instructing us, you can be sure that the amount of compensation awarded in accordance with the CICA tariff scheme is the correct amount.

For support with your CICA claim, call us on 01302 320621 or email help@switalskis.com.