If you disagree with a decision from the Criminal Injuries Compensation Authority (CICA), the first step is a review. Write to CICA with your reasons and any evidence, so that it receives your request within 56 days after the date of the decision letter. A different claims officer looks at the claim again, and the review decision can be better, worse or the same. Only then can you appeal to the First-tier Tribunal (Criminal Injuries Compensation), which must receive your appeal within 90 days of the review decision. In Northern Ireland, Compensation Services must receive a review request within 90 days of the date on its decision letter, and appeals go to the Criminal Injuries Compensation Appeals Panel for Northern Ireland.
The Criminal Injuries Compensation Scheme 2012 applies to England, Scotland and Wales and is administered by CICA. When CICA tells you its decision in writing, you either accept it or ask for a review; if you do neither in time, a claims officer may withdraw the decision and no award will be made.
This guide is general information, not legal advice. You do not need a representative, and CICA says it cannot meet the cost of one. Our guides to criminal injury compensation claims and the CICA compensation calculator cover the application itself.
The deadlines at a glance
Each stage has its own time limit, and the review and tribunal stages count from the date on the letter, not from the day it reaches you.
| Stage | Who decides | Your request must arrive |
|---|---|---|
| Review of a CICA decision | CICA, a different claims officer | Within 56 days after the date of the decision letter; one extension of up to 56 days is possible in exceptional circumstances |
| Appeal against the review decision | First-tier Tribunal (Criminal Injuries Compensation) | Within 90 days after the date of the review decision; a late appeal must ask for more time and explain why |
| Written reasons for the tribunal's decision | First-tier Tribunal | Within 1 month of the date the tribunal sent its decision notice |
| Judicial review, England and Wales | Upper Tribunal (Administrative Appeals Chamber) | Promptly, and no later than 3 months after the decision, or within 1 month after written reasons are sent |
| Northern Ireland review | Compensation Services | Within 90 days from the date on the decision letter |
| Northern Ireland appeal | Criminal Injuries Compensation Appeals Panel | Within 90 days from the date on the review decision letter |
CICA review and appeal deadline checker
Indicative only. It applies paragraphs 101 to 134 of the Criminal Injuries Compensation Scheme 2012, the tribunal procedure rules, the Upper Tribunal and Court of Session time limits and the Northern Ireland scheme guide, and counts from the date on the letter. It is not legal advice. Nothing you enter leaves your browser.
Which decisions you can ask CICA to review
Paragraph 117 of the Scheme lets you ask for a review of:
- a decision on an award or its amount, including a decision after a claim is re-opened;
- a decision to withdraw a decision because you did not accept it or ask for a review in time;
- a final decision after CICA reconsiders an award, or decides that you must repay all or part of it;
- a refusal to extend a time limit, including the time limit for applying;
- a decision about meeting the cost of medical evidence, or a deduction of costs from an award; and
- a refusal to re-open a claim.
You cannot ask for a review of a decision made on review or on appeal (paragraph 118). Accepting and asking for a review are alternatives. CICA's guide says the acceptance form must be returned within 56 days of it being sent, and if you have not asked for a review in writing, or for an extension, it may withdraw its offer of an award.
How to ask for a review
Your request must be in writing, set out the grounds on which you want the review and include any supporting evidence (paragraph 119). It must be sent so that CICA receives it within 56 days after the date of the written decision, so allow for post. Explain which part of the decision you think is wrong and why, and point to the evidence that shows it.
If you cannot meet the deadline, write to CICA asking for more time. A claims officer can extend it for one further period of up to 56 days if you apply in writing, before or after the deadline, and exceptional circumstances meant you could not have met it (paragraph 120).
A claims officer other than the one who made the decision carries out the review and is not bound by any previous decision (paragraph 121). CICA's guide says the review decision can be more or less favourable than the original, or unchanged, so you might get a lower payment or none at all. If CICA does not receive a notice of appeal after its written review decision, it goes ahead on that basis (paragraphs 122 and 123).
Appealing to the First-tier Tribunal
If you are unhappy with the review decision, you can appeal to the First-tier Tribunal (Criminal Injuries Compensation), which is independent of government and of CICA. CICA sends the appeal form with its review decision. Send the form and your evidence to the tribunal, not to CICA, so that it receives them within 90 days after the date of the review decision (rule 22 of the tribunal's rules). A late appeal must ask for more time and explain why, for example that you were waiting for medical reports, and the tribunal decides whether to admit it.
You can apply online, without signing the form, or send the signed form by email or post. Include the review decision letter and documents that support your case, such as medical records or evidence of loss of earnings. CICA will usually respond within 6 weeks, and you then have one month to send the tribunal any extra information or arguments.
Once the appeal arrives, a claims officer may decide the review decision was wrong and send you a revised one to accept or reject (paragraphs 126 and 127). The tribunal can uphold the review decision, increase or reduce your award, decide you should not get anything, or send the case back to CICA. It can direct an interim payment in some appeals (paragraph 133), and it can reduce an award if an appeal is frivolous or vexatious (paragraph 134).
Paper decisions and hearings
The tribunal will write to tell you whether your appeal will be decided on the paperwork or at a hearing, and you can ask for a hearing if you are unhappy not to be given one. You will get at least 14 days' notice of a hearing, which is usually held in the area covered by the police force that investigated the crime.
A hearing is attended by 2 or 3 tribunal judges or members, a clerk, a CICA representative and any witnesses, and a police officer who knows about your case may also attend. Offenders do not usually attend. You will be asked about the crime and your injuries, and you, or someone else such as a lawyer, friend or family member, presents your case. You can ask questions and make points at the end, and you will usually get the decision on the day. The tribunal sends information on claiming expenses such as travel costs.
You can represent yourself. In England and Wales, Victim Support runs a free and confidential 24/7 Supportline, and in Scotland, Victim Support Scotland can help.
If you disagree with the tribunal
There is no right of appeal against the tribunal's decision, but you may be able to ask for a judicial review if you think it was wrong for a legal reason. First write to the tribunal saying why, and ask for written reasons; the tribunal must receive that request within 1 month of the date it sent the decision notice (rule 34).
In England and Wales you need permission from the Upper Tribunal (Administrative Appeals Chamber). Apply promptly, so that it receives the application no later than 3 months after the decision, or within 1 month after the written reasons were sent, if later (rule 28 of its rules). In Scotland you need permission from the Court of Session, usually within the period of 3 months beginning with the date the grounds first arise, unless the court allows longer (section 27A of the Court of Session Act 1988). Take legal advice quickly.
Separately, CICA can re-open a claim after a final award to make an additional payment if your medical condition has changed so much that the original decision would be unjust (paragraphs 114 and 115). It can do so within two years of your acceptance or the tribunal's direction, or later only with evidence that avoids further extensive enquiries (paragraph 116).
Reviews and appeals in Northern Ireland
Northern Ireland has its own scheme, the 2009 criminal injuries compensation scheme, run by Compensation Services. It must receive your written request for a review, with full details and supporting documents, within 90 days from the date on its decision letter; in exceptional circumstances this can be extended if it is in the interests of justice. A Reviewing Officer entirely independent of the original decision looks again at eligibility and the amount, and may increase, reduce or withhold an award. If you neither accept an award nor seek a review within the 90 days, it may be withdrawn.
After a review, you can appeal to the Criminal Injuries Compensation Appeals Panel for Northern Ireland, which must receive your appeal within 90 days from the date on the review decision letter, with the same possible extension. The panel is entirely independent of Compensation Services, may increase, reduce or withhold an award, and its decision is final. Victim Support NI can help, but you cannot claim back solicitor or legal fees.
Frequently asked questions
Can a CICA review lower my award?
Yes. The claims officer who carries out the review is not bound by the earlier decision, and CICA says the review decision can be more or less favourable, or unchanged. On appeal, the tribunal can also increase or reduce an award, or decide you should get nothing.
How long do I have to appeal a CICA decision?
First ask for a review, which CICA must receive within 56 days after the date of the decision letter. The tribunal must then receive any appeal within 90 days after the date of the review decision. In Northern Ireland, the review request and the appeal each have 90 days.
Can I appeal to the tribunal without asking for a review?
No. You can appeal only after CICA has reviewed its decision and you disagree with the review decision. A decision made on review or on appeal cannot itself be reviewed.
What if I have missed the review deadline?
Write to CICA straight away. A claims officer can extend the time once, by up to 56 days, if exceptional circumstances meant you could not have met it, and you can ask after the deadline has passed. A refusal to extend can itself be reviewed.
Do I need a solicitor for a CICA appeal?
No. You can represent yourself, or a friend or family member can present your case. CICA does not meet the cost of a representative, and a no win no fee representative usually keeps a share of the payment, so check the terms first.
Help and official sources
- First-tier Tribunal (Criminal Injuries Compensation): helpline 0300 790 6234 or [email protected] (it cannot give legal advice)
- Victim Support, England and Wales: 0808 16 89 111, free and confidential, 24/7
- Victim Support Scotland: 0800 160 1985
- Victim Support NI: help with Northern Ireland claims
Related guides: criminal injury compensation claims, CICA compensation calculator, CICB and criminal injury compensation, suing someone for assault and what to do if a claim is rejected.
Official sources used for this guide: Criminal Injuries Compensation Scheme 2012, paragraphs 99 to 134; GOV.UK: Criminal injuries compensation tribunal; GOV.UK: Criminal injuries compensation, a guide; Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008, rule 22; Tribunal Procedure (Upper Tribunal) Rules 2008, rule 28; Guide to the Northern Ireland scheme 2009 (nidirect). This guide is general information about the law in the UK, not legal advice; the law can change, so check your own position with a regulated solicitor.