What is the Criminal Injuries Compensation Authority (CICA)?
The CICA administers the Criminal Injuries Compensation Scheme on behalf of the Government.
The Scheme provides compensation to people who have suffered physical or psychological injuries as a direct result of a violent crime. This includes many survivors of physical abuse and sexual abuse.
Unlike a civil claim, you do not usually need to prove that an organisation or individual was legally negligent. Instead, the CICA will assess whether your application meets the eligibility requirements set out in the Scheme.
The amount of compensation awarded is based on a fixed tariff rather than being individually negotiated, although additional payments may be available in some circumstances, such as for loss of earnings or special expenses.
Can I make a Criminal Injuries Compensation claim for abuse?
You may be able to apply for compensation through the CICA if you have experienced abuse that amounts to a crime of violence under the Scheme.
This can include:
- sexual abuse
- rape
- sexual assault
- physical abuse
- violent assaults
- abuse causing recognised psychological injuries
- abuse experienced during childhood or adulthood
Many survivors make CICA claims years after the abuse occurred, particularly where the abuse happened during childhood.
Every application is assessed individually, and eligibility will depend on the specific circumstances of your case.
What are the eligibility requirements?
The Criminal Injuries Compensation Scheme has detailed eligibility rules that every applicant must satisfy before compensation can be awarded.
Although every case is different, the CICA will usually consider factors such as:
- whether the abuse has been reported to the police
- whether you cooperated as far as reasonably practicable with the criminal investigation
- whether the application has been made within the relevant time limits
- whether the abuse amounts to a crime of violence under the Scheme
- whether there is sufficient evidence to support the application
The CICA may also consider other factors when deciding whether compensation should be awarded, including an applicant's conduct in certain circumstances.
Because these rules can be complex, obtaining specialist legal advice before making an application can help ensure the strongest possible evidence is presented from the outset.
Does the abuse have to be reported to the police?
The Criminal Injuries Compensation Scheme requires the abuse to have been reported to the police as soon as reasonably practicable.
However, the Scheme recognises that many survivors of abuse, particularly those abused as children, are unable to report what happened immediately. Delayed reporting does not automatically prevent a successful claim.
The CICA will usually consider the circumstances surrounding the delay, including the nature of the abuse and the reasons why it was not reported earlier.
If you are unsure whether your circumstances meet the reporting requirements, our specialist team can advise you.
Is there a time limit for making a CICA claim?
Time limits under the Criminal Injuries Compensation Scheme are different from those that apply to civil compensation claims.
For adults, applications should generally be made within two years of the incident being reported to the police.
However, different rules can apply where the abuse happened during childhood.
For adults who were abused as a child, the two-year time limit does not begin until the abuse is first reported to the police. If reported as a child, the claim must be made by the person’s 20th birthday.
The CICA also has discretion to extend the time limit in exceptional circumstances where:
- the evidence allows the application to be determined without further extensive enquiries; and
- exceptional circumstances prevented the application from being made earlier
Whether an extension will be granted depends entirely on the facts of the individual case.
Criminal Injuries Compensation or a civil claim?
One of the most common questions we are asked is whether someone should make a CICA claim or bring a civil compensation claim.
The answer depends on the circumstances.
A CICA claim is a government-funded compensation scheme and does not require you to prove that an organisation was legally responsible for the abuse.
A civil claim, on the other hand, is brought against the individual or organisation responsible for failing to protect you.
Civil claims can often result in significantly higher compensation because they allow damages to be assessed based on the full impact the abuse has had on your life. This may include future therapy costs, loss of earnings, care needs and other financial losses that are not always available under the Criminal Injuries Compensation Scheme.
In some cases, only a CICA claim is available. In others, a civil claim may be the better option. There are also circumstances where both routes should be considered.
Our team will explain the advantages and limitations of each approach before advising which is most appropriate for your situation.
How much Criminal Injuries Compensation could I receive?
Unlike civil claims, compensation under the Criminal Injuries Compensation Scheme is not assessed individually for every aspect of your losses.
Instead, the Scheme uses a tariff of fixed compensation awards based on the type and severity of the injury sustained.
The amount awarded will depend on factors including:
- the nature of the abuse
- whether the abuse was physical or sexual
- the severity of any psychological injuries
- whether multiple injuries have been suffered
- whether additional payments for loss of earnings or special expenses are available
The CICA will usually require medical evidence before making an award for psychological injuries, and in many cases an independent psychiatric or psychological assessment may be needed.
Although the tariff determines the compensation available under the Scheme, ensuring that the correct injuries are identified and supported by appropriate medical evidence can make a significant difference to the outcome of a claim.
Criminal Injuries Compensation for sexual abuse
The Criminal Injuries Compensation Scheme includes tariff awards for a wide range of sexual offences.
The amount awarded will depend on factors including:
- the nature of the abuse
- the seriousness of the offending
- whether the abuse occurred on one occasion or over a prolonged period
- the duration of the abuse
Where someone has experienced sexual abuse, the Scheme generally provides compensation based on either the relevant sexual offence tariff or a qualifying mental injury, depending on which results in the higher award. This is because the tariff for many sexual offences is intended to reflect the psychological trauma associated with the abuse, meaning separate compensation is not usually paid for both the sexual offence and the resulting mental injury.
Every case is assessed individually, and determining which tariff applies can sometimes be complex, particularly where abuse took place over many years or involved multiple offences.
Criminal Injuries Compensation for physical abuse
Where abuse has caused physical injuries, compensation may be available for those injuries under the Criminal Injuries Compensation Scheme.
Awards depend on the type and severity of the injuries suffered and may include compensation for injuries such as fractures, scarring, permanent disability or other physical harm caused by the abuse.
Unlike many sexual abuse claims, applicants who have suffered physical injuries may, in some circumstances, receive compensation for both their physical injuries and a qualifying psychological injury, subject to the Scheme's rules on multiple injuries.
The CICA applies specific rules where more than one qualifying injury has been sustained. In general:
- the highest-valued injury is paid at 100% of the relevant tariff award
- a second qualifying injury may be compensated at 30% of its tariff value
- a third qualifying injury may be compensated at 15% of its tariff value
Only injuries that qualify under the Scheme can be included, and not every injury will attract a separate award.
Criminal Injuries Compensation for psychological injuries
Many survivors continue to experience the emotional and psychological effects of abuse long after the abuse itself has ended.
The Criminal Injuries Compensation Scheme recognises that abuse can result in serious mental injuries, including conditions such as:
- post-traumatic stress disorder (PTSD)
- depression
- anxiety disorders
- other recognised psychiatric illnesses
However, not every psychological condition automatically qualifies for compensation.
To receive an award, the mental injury must satisfy the requirements of the Scheme and will need to be confirmed by appropriate medical evidence from a psychologist or psychiatrist.
In many cases, the CICA will obtain medical records or commission an independent medical report before deciding whether a qualifying mental injury has been established.
Where appropriate, we can help ensure the necessary medical evidence is obtained to support your application.
Medical evidence and supporting documents
Providing the right evidence is one of the most important parts of any Criminal Injuries Compensation claim.
Depending on your circumstances, evidence may include:
- police reports
- medical records
- hospital records
- GP records
- counselling or therapy records
- psychiatric or psychological reports
- employment information where loss of earnings is claimed
- evidence of special expenses where applicable
Every application is different, and the evidence required will depend on the circumstances of your case.
Our specialist team can advise what information is needed, obtain records where appropriate and ensure your application is supported by the strongest possible evidence.
Can I claim for loss of earnings?
In some cases, yes.
If the abuse has left you unable to work or with a limited ability to earn a living, you may be entitled to claim loss of earnings. However, strict eligibility requirements apply.
Unlike civil claims, loss of earnings under the Scheme is not based on your actual salary. Instead, payments are made in accordance with the rules set out in the Criminal Injuries Compensation Scheme and paid at Statutory Sick Pay rates.
Whether you qualify will depend on factors including:
- the nature of your injuries
- how long you have been unable to work
- whether you satisfy the Scheme's eligibility criteria
Our Abuse Claims Solicitors can advise whether a loss of earnings claim may be available in your circumstances.
Can I claim special expenses?
In addition to compensation for injuries, some applicants may also qualify for special expenses providing they qualify for loss of earnings.
Special expenses are intended to reimburse certain necessary costs that arise directly because of your injuries, and which are not available free of charge from another source.
Depending on your circumstances, these may include the reasonable cost of:
- specialist equipment
- adaptations to your home
- personal care
- equipment damaged during the incident
- other qualifying expenses permitted under the Scheme
Strict rules apply to these claims, and supporting evidence will usually be required.
How to apply for Criminal Injuries Compensation
Applying for compensation through the Criminal Injuries Compensation Authority (CICA) involves more than simply completing an application form. Your application should clearly explain what happened, how the abuse has affected you and be supported by the appropriate evidence.
While every case is different, the process will usually involve:
- An initial assessment – Your circumstances will be reviewed to determine whether you may be eligible to apply under the Criminal Injuries Compensation Scheme and whether a CICA claim is the most appropriate route.
- Preparing your application – Your application will be completed with details of the abuse, the injuries you have suffered and any relevant supporting information.
- Gathering evidence – The CICA will usually obtain information from the police and may also request medical records or other evidence. Additional medical reports may be needed in some cases to properly assess your injuries.
- Assessment by the CICA – The CICA will consider the available evidence, decide whether you meet the eligibility requirements and determine whether compensation should be awarded.
- Receiving a decision – If your application is successful, the CICA will make a compensation award in accordance with the Criminal Injuries Compensation Scheme. If your application is refused or you believe the award does not accurately reflect your injuries, you may have the right to challenge the decision.
The time it takes for a claim to be decided varies depending on the complexity of the case, the availability of evidence and whether additional medical information is required.
What happens if my CICA claim is refused?
A refusal does not necessarily mean that your claim has come to an end.
Applications may be refused for a number of reasons, including disputes about eligibility, insufficient evidence, time limits or the interpretation of the Criminal Injuries Compensation Scheme.
If you disagree with the CICA's decision, you may be able to challenge it.
The first stage is usually to request a review, where the decision is reconsidered. If you remain dissatisfied following the review, you may be able to appeal to the First-tier Tribunal (Criminal Injuries Compensation), which is independent of the CICA.
The Tribunal has the power to consider the evidence, hear legal arguments and make its own decision about your entitlement to compensation.
Our specialist Abuse Claims Solicitors regularly advise clients whose applications have been refused or who believe the compensation offered is too low. We can assess the reasons for the decision, advise whether it may be challenged and represent you throughout the review or appeal process where appropriate.
Why use a solicitor for a Criminal Injuries Compensation claim?
Although you are not required to instruct a solicitor to make a CICA claim, many people find the Scheme difficult to navigate because of its detailed eligibility criteria and evidential requirements.
A solicitor can help by:
- advising whether you meet the eligibility requirements
- identifying whether a CICA claim, civil claim or both should be considered
- ensuring your application is completed accurately
- obtaining supporting evidence and medical records
- arranging independent medical evidence where appropriate
- explaining the compensation available under the Scheme
- challenging decisions where a claim has been refused or the award appears too low
Many people are also concerned about the cost of legal advice. Although you can make a CICA claim yourself without instructing a solicitor, choosing legal representation can provide valuable support throughout the process, particularly in more complex cases or where a claim has been refused.
If you decide to instruct us, we will explain the funding options available to you, including any legal fees that may apply, before you decide whether to proceed. This means you can make an informed decision about whether legal representation is right for you.
Having specialist legal advice can also provide reassurance that your application is supported by the strongest available evidence and that every available option has been considered.
How our specialist Abuse Claims Solicitors might be able to help
We understand that speaking about abuse is never easy. For many survivors, contacting a solicitor is a significant step, and we recognise the courage it takes to reach out.
Our specialist Abuse Claims Solicitors have extensive experience helping survivors of abuse pursue compensation through the Criminal Injuries Compensation Authority, as well as through civil claims where appropriate. We take the time to understand your circumstances, explain your legal options clearly and tailor our advice to your individual situation.
Whether you are making a new application, are unsure whether you meet the eligibility criteria or have already received a decision from the CICA that you believe is wrong, we can advise you on the options available.
Every case is different, and we will always provide honest, straightforward advice about your prospects of success and the best way to move your claim forward.
If you would like to find out how we may be able to help, call our specialist Abuse Claims team today on 0800 260 5010 or request a callback, and we'll get in touch at a time that works for you.
