Our client (“A”) was the victim of a serious domestic violent assault that left them with both physical injuries and lasting psychological trauma. Following the incident, A submitted a claim to the Criminal Injuries Compensation Authority (CICA) seeking compensation under the Criminal Injuries Compensation Scheme.
Despite evidence of their ongoing injury, the CICA made an award based on substantial recovery.
Feeling distressed and unsure how to challenge the decision, A sought our assistance to appeal.
CICA made the award not considering all medical evidence provided and relying solely on one document.
This is a common issue in CICA cases, as part of the claims process, the CICA request evidence from the GP and not from a medical expert. Your GP might not have a complete overview of your injuries and symptoms, especially if treatment was received in a hospital.
Following a detailed review of the award decision, we identified further evidence to be gathered confirming ongoing hospital appointment and pain A was suffering.
We advised A that there were strong grounds to appeal to the First-tier Tribunal (Criminal Injuries Compensation) and they agreed to do this rather than accept the CICA’s current offer.
We prepared the appeal submission that included:
Medical evidence from GP and hospital confirming the ongoing appointments and medication
A clear legal argument referencing the relevant provisions of the Criminal Injuries Compensation Scheme
The appeal was listed for an oral hearing. We represented A throughout the process, ensuring they felt supported and understood what to expect.
During the hearing:
The tribunal accepted that A was suffering ongoing symptoms and these were causing ongoing disability
The judge also identified other areas of the tariff which applied to A’s injuries
The medical evidence was found to be credible and persuasive
Importantly, the tribunal recognised that in person/video hearings are best suited to deal with these matters. They specifically thanked A for attending as this allowed them ask further questions and more information than they could have gathered from paper evidence alone.
The appeal was allowed.
The tribunal overturned CICA’s award awarded a higher award for her initial injury plus two additional injuries which were not initially claimed for. A ended receiving an award 4 times higher than the initial award.
This result brought long overdue recognition of A’s experience and provided financial support to assist with recovery.
This case highlights several important points for anyone considering a CICA appeal:
With the right legal support, many refused claims can succeed on appeal. In the year 2024-2025, 1133 appeals were heard, 24.5% had their awards increased and 33.7% had the appeal had the rejection overturned and sent back for more evidence.
If you believe you have a possible CICA claim or have already submitted and claim and want further advice, please contact us. We will pass the matter to one of our specialists who can guide you through the process and hopefully avoid the need for an appeal. However if one is needed we can also assist you with gathering evidence, submissions and representation at the hearing.
Call: 01429 225200