Criminal Injuries Compensation Authority (UK)
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The Criminal Injuries Compensation Authority (CICA) is a United Kingdom government function which deals with compensation claims made by victims of crime and is funded by taxation.
The CICA is responsible for administering the Criminal Injuries Compensation
Scheme. The scheme was introduced in 1964 to
provide financial compensation from the government to victims of violent
crime to recognise their injuries. The CICA now receives around 70,000
applications for compensation every year, and annually pays more than
£200 million to victims of violent crime.
More than £3 billion has been paid in compensation since the scheme
was set up.
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Who can receive compensation from the CICA?
The CICA was created to support the blameless victims of violent
crime. For example, if a person is injured, even seriously,
in a fight where they threw the first punch, then they will not receive
compensation from the CICA.
To be eligible for compensation from the CICA, you must:
• be a victim of a violent crime;
• be physically and/or mentally injured as a result;
• have sustained the injury in England, Scotland or Wales:
If you were injured on holiday abroad, you won’t be eligible.
If you were injured in Northern Ireland, you should apply to
the Northern Ireland Compensation Agency;
• be injured seriously enough to qualify for the smallest award paid
under the scheme (£1,000) – generally, minor injuries
are not sufficient;be a dependant or the parent, child or partner
of a victim of
violent crime who has since died.
People injured as a result of a traffic crime (such as dangerous driving)
are not eligible for compensation, unless the vehicle was
deliberately used as a weapon to injure them.
If people meet all these criteria, will they definitely get
an award?
Not necessarily. Victims can be refused compensation if:
• their own conduct led to their injury (for instance, if they started
a fight in which they were injured);
• they have failed to co-operate fully with the police investigating
the crime;
• they have failed to co-operate fully with the CICA, for instance
by providing false or misleading information; or
• they applied more than two years after the injury occurred – although
late applications can be allowed in exceptional circumstances, for
instance if the victim was injured as a child or in a sexual crime.
If the victim has a criminal record, that will also be a factor in
deciding whether they are granted a full or reduced award or
no award at all.
Awards under the tariff range from £1,000 to £250,000. In serious
cases, we may also be able to compensate victims for lost earnings
or special expenses (such as medical costs). The highest award we
can make in any case, including both the tariff payment and these
additional elements, is £500,000.
The CICA's r job is to gather evidence to determine:
• what caused the victim’s injury;
• how serious the injury is;
• whether there were other contributing factors (for instance, we
may have to reduce an award if a victim who suffers a back injury
had previously had back problems: we can compensate only for that
part of the injury due directly to the crime of violence);
• whether an award should be refused or reduced for any reason; and
• whether there is any valid claim for loss of earnings and special
expenses.
For fatal injuries, our enquiries will focus on the eligibility of
the claim by the dependants and/or next of kin, the extent of their
financial loss and so on.
If applicants are unhappy with a decision, they can ask for their
claim to be reviewed by a more senior member of staff. If they are
unhappy with the outcome of the review, they can then take the case
to the Criminal Injuries Compensation Appeals Panel (CICAP),
which is independent from the CICA.
How large are awards and how are they decided?
The value of awards is determined by a tariff system that assigns
each specific injury a fixed amount of compensation. This system
was originally set up on 1 April 1996, following the Criminal Injuries
Compensation Act 1995. The system was amended in April 2001.
If a victim has broken their leg, for example, it’s usually quite
straightforward to fix the amount of compensation they are due.
However, claims involving less obvious physical or mental injuries
can be much more complicated. The CICA is a public body paying out
public money. As such, our staff have a duty to ensure that all injuries
and claims are genuine. This often requires a great deal of research
and time.
How long does it take to assess an application?
It usually takes us at least six months to get all the information
needed and, on average, it takes around nine months for the CICA to
make a decision.
The more information applicants supply, such as a crime reference
number and full details of the crime, the faster they can
settle the claim.
If a case is complicated, a decision can take longer:
• If the person who injured the applicant is involved in a criminal
trial, the CICA normally have to wait for that to finish before making
a decision.
• It may take many months to be clear what the long-term effects of
injuries will be.
• The CICA will have to collect information about an applicant’s past
and future loss of earnings, if they are claiming for this.
Talking to the media about individual cases
Under the terms of the Data Protection Act, the CICA would be breaking the law if the CICA discussed the details of a particular case with anyone other than the individual involved. However, they are keen to help journalists in any way they can.
CICA: the facts
• Each year, the CICA receives around 70,000 applications for compensation
and pays out around £200 million in awards.
• Awards range from £1,000 to £250,000.
• To be eligible for an award, applicants have to be a blameless victim
of violent crime occurring in Great Britain, and co-operate fully
with the police and the CICA. They usually also have to apply within
two years of the incident.
• The size of the award is fixed by a tariff system. Under that system,
every person with the same injury will get the same predetermined
amount, regardless of their personal circumstances.
• In serious cases, additional compensation is available for lost
earnings and medical and care expenses.
• The Data Protection Act prevents the CICA from discussing the details
of any individual case.
Useful contacts
Criminal Injuries Compensation Authority: www.cica.gov.uk
Criminal Injuries Compensation Appeals Panel:
www.cicap.gov.uk
The Compensation Agency (Northern Ireland): www.compensationni.gov.uk
Home Office: www.homeoffice.gov.uk
Scottish Executive: www.scotland.gov.uk
Victim Support (England and Wales): www.victimsupport.org.uk
Victim Support Scotland:
www.victimsupportsco.demon.co.uk
Citizens Advice (England and Wales): www.citizensadvice.org.uk
Citizens Advice Scotland: www.cas.org.uk
See also
External links
CICA website https://www.cica.gov.uk
Personal Injury
Claim Lawyer - Boris Kremer
Handling no win no fee work accident claims including industrial injury
claims and back injury claims.
Lawyers UK - Lawyers UK and other related lawyer links