CRIMINAL INJURY COMPENSATION CLAIM APPEALS

At any time prior to the payment of a final award in a in a criminal injury compensation claim, the CICA has the power to re-consider its decision but where a decision has already been transmitted to an applicant it must give 30 days notice to allow the applicant to make representations which will be taken into account in reconsidering the decision. This enables the CICA to increase or decrease the amounts of an award if new evidence is available which makes the original award unfair or inappropriate.

SOLICITORS HELPLINE 0844 414 3634

Re-opening a claim

Even after a final decision has been made in a in a criminal injury compensation claim, the CICA has the power to re-open a case where there has been a material change in the victim's medical condition that would cause injustice if the original award of compensation were allowed to stand. There is usually a maximum 2 year limitation period on re-opening a case however the authority does have discretion to extend the period.

SOLICITORS HELPLINE 0844 414 3634

Reviewing an application

An applicant in a criminal injury compensation claim may ask for review, by a senior officer, if a claims officer initially :-

  • refuses to waive the initial two year time limit on applications
  • refuses to re-open a case
  • withholds an award
  • makes a reduced award
  • seek repayment of an award

SOLICITORS HELPLINE 0844 414 3634

Time Limits

Applications for review to a senior officer must be received by the CICA within 90 days (except in exceptional circumstances) of the initial decision and must be in writing which must outline the reasons for the application. The applicant will be notified in writing of the senior officers decision and if that decision is unsatisfactory then the applicant may appeal to the Appeals Panel which is an outside body that is independent of the CICA.

SOLICITORS HELPLINE 0844 414 3634

Appeals

An appeals in a criminal injury compensation claim can be made to the Appeals Panel and the application for appeal must normally be received within 90 days of the date of the review decision by the CICA. The 90 day period may in exceptional circumstances be waived by the Appeals Panel if it would be in the interests of justice to do so. Written notification of the outcome of the appeal, giving reasons for the decision, will be sent to both the appellant and to the CICA who must abide by the Appeal Panel's ruling.

SOLICITORS HELPLINE 0844 414 3634

Jurisdiction

The Appeals Panel comes under the jurisdiction of The Parliamentary Ombudsman who undertakes independent investigations into complaints about government departments relating to maladministration.

  • If you want to make a complaint to the Ombudsman in England and Wales, you must write to your MP.
  • If you want to complain to the Scottish Public Service Ombudsman, you should write to:

    The Scottish Public Services Ombudsman
    23 Walker Street
    EDINBURGH
    EH3 7XH

  • If you want to complain to the Northern Ireland Public Service Ombudsman, you should write to:

    The Ombudsman
    Freepost BEL 1478
    Belfast
    BT1 6BR

  • If you want to call in to the Northern Ireland Public Service Ombudsman´┐Żs office to make a personal complaint the address is:

    The Ombudsman's Office
    Progressive House
    33 Wellington Place
    Belfast

SOLICITORS HELPLINE 0844 414 3634

Specialist Personal Injury Solicitors

We are a specialist service which deals with Criminal Injury Compensation Claims on a no win no fee basis. We are an independent company with no connection to the CICA. Our claims are completely risk free and if the application is unsuccessful, for any reason whatsoever, we will not make any charge to you. You do not have to pay for any expenses or insurance as the claim proceeds. If you would like free advice on the telephone, without obligation, just phone the helpline or complete the contact form.

 

SOLICITORS HELPLINE 0844 414 3634