Appendix 17 - Criminal Injuries Compensation

Introduction
Procedure
CICA Sequence of Events

1. Introduction

The Criminal Injuries Compensation Authority (CICA) was set up by the Criminal Injuries Compensation Act 1995. The address is:-

Criminal Injuries Compensation Authority
Tay House
300 Bath Street
Glasgow G2 4LN

Telephone No. 0800 358 3601

Criminal Injuries Compensation Authority website

A person is entitled to compensation when:

He/she is injured as a result of a crime of violence which can include such offences as poisoning and Sexual Abuse
They are injured trying to prevent a crime
They lose past or future earnings or have special expenses caused by a crime of violence
They are bereaved as a result of a crime of violence, including, in some cases, compensation for the lost earnings of the person who has been killed.

No award will be made unless the injury concerned will qualify for a payment at the minimum level of the tariff scale. The crime must have taken place in Great Britain.

There are time limits for claiming but the Criminal Injuries Compensation Authority will normally be sympathetic to late claims from children or young people.

2. Procedure

Looked After Child

1.	Where a child/young person is a looked after child, the Children & Young People's Service has a duty to make an application for compensation in order to promote the child's welfare
2.	The allocated social worker, in conjunction with their respective Team Manager will initiate the claim by completing the application form obtainable from the CICA. The completed application form must be signed by the Service Manager and be supported with as much information as possible.
The supporting information may include:-
	Full Birth Certificate Copy Care Order Copy Police Witness statements Statements from Social Workers and Foster Carers Photographs Medical and Psychiatric Reports Copy evidence from Court Proceedings with the leave of the court
3.	Legal Services will make the claim on behalf of the child and will arrange for any necessary consents.
4.	The child/young person must be included in the completion of the application form and, if over 13 years of age, be expected to countersign the application.

Other children known to the Children & Young Person's Service

The allocated social worker must ensure that the child and the child's family are aware of the Criminal Injuries Compensation provisions. The CICA rules are complex and advice should be given by the allocated social worker for the child and family to contact a solicitor or a specialist body such as Victim Support.

3. CICA Sequence of Events

Assessment of the Claim

The claim is assessed by CICA Staff who are civil servants and not legally qualified. They will request supplementary information and reports, e.g. from police, hospitals etc.

In some cases a medical examination is carried out by a doctor from the Benefit Agency Panel. CICA Staff make a Decision on the amount of compensation (if any) according to the tariff band.

Claim Decision

If the CICA decision is accepted, a form of acceptance must be returned.

If the CICA decision is not accepted the decision will be reviewed by a Senior CICA officer. The review must be requested within 90 days of the date of decision.

If the Decision is still not accepted, an appeal can be made to the CICA Appeals Panel whose decision is final. The appeal must be lodged within 30 days from the date of the decision. The hearing is informal and an older child will be expected to attend. An award may be reduced or withdrawn on appeal.

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