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Wednesday, 3 October 2023

Appealing a Criminal Injuries Compensation decision

If you want to appeal a compensation decision made by the Criminal Injuries Compensation Authority, you can do this through the 'First Tier Tribunal (Criminal Injuries Compensation)'. You will need to complete a 'Notice of Appeal', which the Tribunal must receive within 90 days of the date of your review decision letter.

If you don't agree with a CICA compensation decision

The Tribunal can increase or decrease the compensation award

If you do not agree with a compensation decision made by CICA, you can appeal by contacting the First Tier Tribunal (Criminal Injuries Compensation). They are completely independent of CICA. The Tribunal can uphold the decision, reduce or increase the award, or even give a 'nil' award - meaning you would get no compensation. The Tribunal was previously known as the Criminal Injuries Compensation Panel (CICAP).

An appeal form is automatically sent to you with your award decision. You can also get one by following the link below.

Information you will need to make your appeal

You will need the following details to make your appeal:

  • your grounds (reasons) for appealing
  • the case reference number - this is shown on your review decision letter
  • your current address and, if you have one, a telephone number where you can be reached during the day
  • the name, address, telephone number and reference of your representative (a solicitor, for example) if you have one - if you provide these details, all letters and documents about your appeal will be sent to them until you tell the Tribunal, in writing, that you have changed your representative or no longer have one
  • a list of any documents you intend to send in support of your Notice of Appeal - this could include, for example, reports or photographs

If you are still waiting to receive documents from someone else, you should state on your form when you expect to be able to send them. Unless you need these documents to help you to decide whether or not to appeal, you should not wait until you have them to send in your appeal form.

You must sign the form yourself unless you have a legally qualified representative. Only a legally qualified representative can sign the form on your behalf. You must also attach a copy of the Authority's review decision letter and any supporting documents to your appeal form.

Send your form and documents to the First Tier Tribunal (Criminal Injuries Compensation). Follow the link below for contact details.

When to make your appeal

Your completed Notice of Appeal must be received by the Tribunal within 90 days of the date of your review decision letter. In exceptional circumstances there may be good reasons why you cannot send your Notice of Appeal within the 90-day time limit, for example, if you are waiting for further medical reports that you must see before deciding whether or not to make an appeal.

If the 90 days has not yet passed

You can make a request for an extension to the 90-day time limit for lodging an appeal by writing to the First Tier Tribunal using the contact details below. You should explain clearly why you need more time and how much longer you think you will need more time and how much longer you think you will need.

The Tribunal aims to consider your request within five days. In some circumstances, it will be referred to a Tribunal Judge or Member to consider. If this happens with your application, the Tribunal will write to let you know. They aim to make these decisions within three weeks.

If you are granted an extension, you will get a letter telling you the new date by which the Tribunal must receive your appeal. Further extensions will only be granted in exceptional circumstances.

If the 90 days has already passed

You should explain on your appeal form why you could not send your form any earlier and why it would be fair to accept the appeal now. You will also need to send any documents that support your reasons.

Things to consider before you appeal

There are certain things it is important to bear in mind if you are thinking of making an appeal.

The Tribunal is independent and separate from CICA, so The Tribunal Judges who will decide your appeal take a fresh look at the case. This means they are not bound by any previous decision made by the Authority – they could reduce your award, make exactly the same decision as CICA, or even make a 'nil' award, where you would receive no compensation.

Once you have lodged your appeal you can apply for an interim payment while you wait for a decision. A Tribunal Judge or Member will decide whether you should get this and how much it will be. Any interim payment will be taken off the total amount of the final award once the appeal is finalised.

If you appeal and then change your mind and decide to withdraw your appeal, you will not automatically be entitled to any amounts you were previously awarded by the Authority. Consent to withdraw an appeal will often depend on whether there is new evidence or a change in circumstances since the Authority’s review decision. For example, you may not receive the full, or any, award made by the Authority if you are later convicted of a criminal offence.

If you are unsure about whether to appeal a decision made by the Authority, you may find it helpful to talk to Victim Support, your local Citizens Advice Bureau or Community Legal Advice - follow the links below for contact details for each.

Additional links

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