The appeals process: What to do if your CICA claim is rejected
The appeals process: What to do if your CICA claim is rejected
If the Criminal Injuries Compensation Authority (CICA) does not make an award, or the amount offered is lower than expected, it can be difficult to understand what to do next. However, there are steps available to challenge a decision, and it is possible to ask the Authority or an independent tribunal to look at the matter again.
1. Requesting a formal review
The first stage is to ask CICA to review its decision. A request for review must usually be made within 56 days of the date on your decision letter.
During the review, you can provide additional information or clarify details that you believe may not have been fully considered.
2. Appealing to the First-tier Tribunal
If you remain dissatisfied after the review, you can appeal to the First-tier Tribunal, which is independent from CICA.
An appeal must generally be submitted within 90 days of the review decision.
At this stage, you will need to complete an appeal form and explain why you believe the decision should be reconsidered. You can include medical evidence, witness information, or other documents that may help the tribunal understand your circumstances.
3. Preparing for the hearing
If the appeal proceeds to a hearing, you may be asked to attend in person or join by phone or video.
Tribunal panels usually include:
- a judge
- a medically qualified member
- a lay member
They will review the evidence in line with the rules of the Criminal Injuries Compensation Scheme.
You may choose to seek legal advice or representation, although this is not required.
Timescales to be aware of
- Appeals must normally be submitted within 90 days of the review decision letter.
- Extensions may be granted only in limited circumstances, such as serious illness or delays in obtaining essential medical evidence.
- Hearing dates vary depending on the tribunal’s schedule and the complexity of the case.
Understanding appeal statistics
Publicly available data shows that a proportion of appeals result in changes to the original decision. Outcomes vary depending on the facts of each case, the evidence available, and the rules of the Scheme. It is important to remember that past statistics do not predict the outcome of any individual application or appeal.
Should you seek legal support?
You can manage an appeal yourself, but some people prefer legal guidance because the process involves timescales, formal procedures and detailed evidence requirements. A solicitor can help explain the rules, assist in preparing documents, and advise you on the steps involved.
If you would like to discuss your situation
If you have received a CICA decision and are unsure about the next steps, we offer a free, confidential initial consultation. We can talk through the process, help you understand your options and explain how the Scheme approaches appeals.
