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CICA claims

Why Was My CICA Claim Rejected? Common Reasons & What To Do Next

CICA Claim Rejected?

CICA claim rejected even though you feel it shouldn't have been?

The CICA has only a limited amount of funding to pay compensation to victims of crime, which is usually the reason you're left wondering why you're left wondering "Why was my CICA claim rejected?" We speak to many people each day who believe the CICA should be sympathetic to their situation. We explain the importance of obtaining professional advice before submitting a claim. Often we speak to people after they have had a CICA claim rejected, which means that it is much harder to rectify their claim.

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CICA Funding Limitations

The CICA has only a limited amount of funding to pay compensation to victims of crime. We speak to many people each day who believe the CICA should be sympathetic to their situation. We explain the importance of obtaining professional advice before submitting a claim. Often we speak to people after they have had a claim rejected, which makes it much harder to rectify their claim.

5 Top Tips to Prevent Your Claim from Being Rejected

1 - Don’t apply for compensation if you have unspent convictions

The CICA will refuse your application, even if you are a day out. The CICA do not use their discretion to allow a claim that may initially be rejected as unspent, even if you could have applied just a few weeks later and the conviction would have been spent. This is such an unfair rule, but one the CICA use to its advantage as it can legitimately reject claims under the 2012 scheme.

'Convictions' is a general term and covers all sentences/disposals including driving related offences and fines. Please contact us so that we can assess whether your convictions are unspent.

We find that many clients enquire with us once their claims have been rejected, whereas if they had had legal assistance from the onset, it could have prevented this outcome. We always recommend using a criminal injury lawyer so you are appropriately advised throughout the claim.

2 - Always co-operate with the police

The CICA often reject claims saying you have not cooperated. This might be because you are injured, you tried to contact the police and they did not call you back. Or after initially speaking to them, there is some breakdown in communication and the police just file your report away.

Before you apply to the CICA, make sure the police are onside. Discuss this with an experienced CICA adviser to check that the police report will be supportive, otherwise the CICA are likely to reject your claim.

3 - Don’t assume your injury entitles you to compensation

We speak to many people whose claims have been rejected because their injury was not in the tariff of injuries in the 2012 scheme. For instance you will not be compensated for a broken nose, unless it’s an ethmoid bone, which is the bone at the very top of your nose joining your skull and eye socket. Contact us to check your injury is eligible for compensation.

4 - Make sure you apply for compensation in time

Many claims are rejected for being out of time. This might be because it is a historic claim, and the applicant says 'I did not claim previously because I did not know about the scheme'. Professional advice is needed to ensure you have a valid reason to claim.

Or 'I could not complete the application form as I did not have all the information'. Again if you are up against time, a CICA adviser is usually able to submit a claim the same day if a time limit is running out, even if you do not have all the information the CICA normally require.

5 - You thought you were entitled to psychological injury but the CICA rejected your claim

Many people rightly say the worst part about the assault or abuse they suffered is the mental trauma. However they do not realise, unless it is diagnosed by a clinical psychologist or psychiatrist the CICA will not pay compensation for that injury. Even if you have had months of counselling or prescribed medication for your psychiatric injury the CICA will reject your claim.

CICA Claim Rejected without Warning?

It is always worth obtaining professional advice from an experienced CICA solicitor before deciding to submit a claim. Many of the reasons the CICA will reject a claim can be identified in that conversation. Often they can be rectified so a successful claim can be made. If they can’t be rectified at least you know and will not waste one or even two years hoping for compensation you are not entitled to.

We have been helping victims of crime obtain compensation from the CICA since 1995. Our team are here to help you. For a free initial assessment of your claim, call 0113 320 5000. You will be contacted within 1 working day of your enquiry.

When to claim compensation for criminal injury

Compensation for Criminal Injury

Surprisingly the decision of when to claim compensation for criminal injury is very tactical, so should be discussed as soon as possible... the sooner the better.

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The CICA have strict time limits on bringing forward a claim and there are other factors which could impact the claim too (such as any unspent convictions you may have). Its best to claim as soon as you've spoken with our compensation lawyers to ensure you meet the eligibility criteria and time constraints. If your claim is out of time, we can assess whether you still have grounds to claim. We have been successful in bringing claims to the CICA outside of their time limits, but this is tricker and expert assistance is recommended.

We often to speak with victims of crime who have waited until the outcome of the court case before claiming compensation. Sometimes the police will have told you to do this, and whilst the police have justifiable reasons for giving you this advice; it can sometimes prejudice your rights to compensation. Our advice would always be to claim as soon as possible, as the CICA will not accept a delay in claiming caused by awaiting the outcome of the case to be an exceptional reason for waiving their 2 year time limit

It is also often a misconception that you should await the outcome of the court case, as you are only able to claim if your offender is found guilty. Simply, this is not true. The burden of proof required by the CICA is less than what was is required by the CPS, and subsequently a Jury; therefore usually your claim can be decided using the police evidence and in some cases your claim may settle before the outcome of the court case.

In the event your assailant is found not guilty, there is still a strong chance you will be eligible for compensation.  Call us on 0113 320 5000 and we can discuss this with you further.

Many victims do not realise previous criminal convictions affect their entitlement to claim. It is important to speak to a Criminal Injuries Solicitor to work out when best to make a claim. For example if you were fined 9 months ago (providing you have paid the fine), your conviction will not prevent you from claiming, once it is spent. Fines usually are spent after 12 months, so after checking with a Solicitor, apply after the conviction is spent, otherwise not only is your claim rejected, you cannot at a later date reapply. It’s really unfair, but that’s how the current CICA scheme is drafted. CICA complaints can be made but they do have strict rules governing the scheme.

Please speak to us, as we have been able to expedite such claims so that compensation is paid before the victim dies. Firstly this means the victim sees that compensation has been paid, and secondly it means the claim is not stopped, as the CICA does not need to pay compensation when the victim dies.

Yes, and that’s not simply giving an initial statement, it’s communicating with them throughout the case. We see cases rejected by the CICA because the police say the victim was uncooperative. Sometimes the reason for not cooperating is very understandable, you don’t manage to speak to the police or you simply forget to call them back. Or you may even be scared of cooperating as it might have repercussions for you or your family. Whilst all those reasons are genuine, the CICA will simply reject your claim for non-cooperation.

Sometimes victims of crime commit crimes themselves after submitting their claim. If that happens the CICA are likely to reject their claim. Examples include bringing a claim for injuries suffered in a robbery, but having their claim rejected due to a subsequent drink drive offence. Quite rightly you say but the two are not related, so why should the CICA reject the genuine claim, unfortunately they can and always do as it saves the compensation fund money.

Please call us on 0113 320 5000 so that we can advise you on your eligibility to claim compensation and if you would like us to act for you, so that we devise the best way to do this, e.g. submitting a claim immediately, or where criminal convictions are relevant working out the appropriate date to submit a claim.

You can email us for advice on cica@winstonsolicitors.co.uk

No win no fee CICA solicitors

Expert Advice from No Win No Fee CICA Solicitors UK

If you have been if you have been the victim of a crime of violence, including physical and sexual assaults, you can claim compensation from the Criminal Injuries Compensation Authority. You can have full legal representation from no win no fee cica solicitors.

What does no win no fee mean?

As solicitors we will act for you on a no win no fee basis, which means you can bring your CICA claim risk free.  There are no legal costs unless you are successful. You can pay your legal costs out of the CICA compensation you receive.

No Win No Fee CICA Questions Answered

No win no fee CICA lawyers will spend time with you understanding why the assault occurred, and how your injuries affect you. We will need your Police Crime Reference Number, and details of your GP and any Hospitals you have attended as a result of the assault.

We will prepare and submit your claim to the Criminal Injuries Compensation Authority (CICA). We will be in regular contact with the CICA to find out how your claim for criminal injuries is progressing.

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The CICA will initially obtain a Police Report, to check that your version of events is the same as the one we submitted for you. Once they are happy with the report, they will obtain medical evidence to show what injuries the assault has caused.

The CICA will then make an offer of compensation based on the 2012 CICA scheme. This lists about 450 injuries with the amounts of compensation they will pay.

Damage to one or more front teeth requiring crowns £1,000
Concussion with ongoing headaches £1,500
Fracture to bone around the eye requiring an operation £2,400
Fractured jaw bone with continuing significant disability £3,500
Permanently & seriously impaired grip £6,200
Scarring causing serious facial disfigurement £11,000

Your no win no fee assault solicitors will calculate how much compensation you should receive, using a CICA compensation calculator.

Contact Our Expert No Win No Fee Solicitors Today

Providing the offer from the CICA is the same as the figure calculated your solicitors will recommend you accept the offer. If it is not, as you have a no win no fee agreement, you can seek a review of the CICA decision without incurring any legal costs. The no win no fee assault agreement will cover the review.

If for any reason you are not successful your will have no legal costs.

Call no win no fee CICA solicitors on 0113 320 5000 or email cica@winstonsolicitors.co.uk or complete our online application form and we'll get back to you. We also offer same day claim submission. All you need is your police crime reference number.

We work for you on a no win no fee basis. The legal term for this agreement is known as a Contingency Fee Agreement. It essentially means that if for whatever reason your claim is not successful, providing the information you provide to us is true to the best of your knowledge and the failure is not your fault, you do not pay anything to us. In the event that your claim is successful we will deduct a fixed fee of your overall compensation amount. If you are successful, the minimum award available under the CICA scheme is £1000.00, meaning £250.00 + VAT would be deducted in respect of legal costs.

Experience tells us that it is beneficial to the overall success of your claim, to instruct a solicitor at the very start. The CICA do not offer a solicitor to you and you are able to apply directly; however, without extensive knowledge of the scheme we see too often that applicants who have applied directly, face trouble and stumbling blocks along the way. By instructing Winston Solicitors you are receiving specialist advice from our Criminal Injury Lawyers, representation throughout your claim, including at Review and Appeal stage if required. We will ensure that you achieve the maximum award for your injuries, including loss of earnings and special expenses where applicable.

Most claims take between 12 and 18 months. The timeline depends on the police report, medical evidence, and whether your injuries have stabilised.

What is the CICA?

What is the CICA & What Role Do They Take in Awarding Compensation?

What does "CICA" stand for?

If you're asking yourself: "What is the CICA?" then you've come to the right place. The Criminal Injuries Compensation Authority (CICA) is a government agency in the UK that provides compensation to victims of violent crimes.

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It operates under the Ministry of Justice and is designed to compensate individuals who have suffered physical or mental injury as a result of violent crime when they cannot claim compensation from other sources, such as the perpetrator.

The scheme helps victims who have experienced various forms of violence, including assault, sexual abuse, and other crimes.

What is the CICA and How Does it Work?

The CICA is a taxpayer funded government organisation based in Glasgow that pays compensation to victims of crime who are eligible under their scheme. The Criminal Injuries Compensation Scheme was last revised in 2012. Schemes usually change every 5 to 7 years, but recently the government has not been making new legislation due to Brexit.

Is it easy to obtain compensation?

The simple answer is no. Why is that? Whilst its original intentions were honourable when it was set up in 1965, over the years the scheme has become much more limited and much stricter in how it applies its rules.

We call the scheme, a scheme of ‘last resort’. It’s better than nothing, but often its rules are applied to prevent claims most people would think are eligible. We always recommend having a free chat with a Solicitor who specialises in CICA claims. You can call us on 0113 320 5000 or email on cica@winstonsolicitors.co.uk

Further Details about the CICA

In a word, money. As with most Government departments, saving money is a priority. We mentioned the current scheme is from 2012, the schemes before this, which were 2008 and 2001, paid compensation for bruising, all scars and injuries such as black eyes and broken nose.

It’s better to apply to the CICA scheme knowing you should be eligible, than simply expecting or hoping you are eligible. So speak to an expert first, we will be able to advise you whether your injuries will qualify under the current CICA scheme and how much you are likely to be awarded.

Our CICA compensation calculator can give you a guide as to what compensation you may be entitled to claim.

This is our top 5 reasons the CICA reject a claim

  1. The assault was not reported to the police
  2. Whilst you reported the assault to the police you subsequently decided to withdraw your statement or you chose not to press charges
  3. You have previous criminal convictions which are not spent under the CICA scheme
  4. Your injuries are not eligible under the scheme
  5. You do not have the medical evidence to prove your injuries continue to cause you pain (e.g. sprained ankle, frozen shoulder)

Contact by email at cica@winstonsolicitors.co.uk, call 0113 320 5000 or complete our online application form and we'll get back to you.

Compensation for historic sexual abuse

Historic Sexual Abuse

Can I claim compensation for historic sexual abuse?

The CICA will pay compensation for historic sexual abuse, providing all their eligibility rules are met.

Claiming Compensation for Historic Sexual Abuse

Sexual abuse is usually termed historic if it happened in childhood and you are now an adult. It is also sometimes referred to as “non-recent abuse”. Childhood abuse is among the most traumatic forms of abuse a person can suffer and it is right that there is a means of receiving compensation for this.

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Compensation claims for historic sexual abuse are made through the Criminal Injuries Compensation Scheme, as are claims for physical childhood abuse.

The compensation scheme reflects the nature of the offence, and the injury suffered as a result. It is possible to make claims for compensation for sexual offences or an offence resulting in physical injuries. Sexual offences can be anything from inappropriate touching over clothing, to rape. Contact our specialist rape solicitors to discuss your claim.

Reporting Historic Sexual Abuse

Police, courts and CPS

To be eligible for compensation the crime must be reported to the police. The police will carry out an investigation into the allegations made and carry out interviews with the defendant and witness as well as taking a clear account from you, as the person reporting the crime.

There is no requirement under the compensation scheme for a judgement at court, or even for the case to go to trial. If the result of the police investigation is such that there is sufficient evidence to refer the matter to the CPS (Crown Prosecution Service) and the CPS decide to prosecute then this is likely to be sufficient for compensation to be awarded.

Some cases do not make it to trial if they are historic abuse, or “non-recent abuse” as the perpetrator may have passed away. If this is the case, there can still be a claim for compensation. The police will interview anyone who may be a witness and may, on occasion, commission an expert report to provide a professional opinion. We have successfully claimed compensation for people when the perpetrator was unable to stand trial.

The compensation scheme requires people to fully cooperate with the police in bringing the offender to justice. Criminal procedure will be satisfied if you fully cooperate with the police investigation and the CPS along with the court process if the case does go to court.

Statistics for successful rape prosecutions are known to be low. If the case goes to trial, then you do not need to wait for the outcome of the trial, or the judgement, before making a claim for compensation. The fact that there was enough evidence to get it to trial can be enough to be awarded compensation.

The abuse must be reported to the police. If it was reported when you were a child, you will need to show you had good reason for not applying for child abuse compensation within the normal 'CICA 2 year rule'. They do not for instance accept that you simply did not know about the scheme. Whereas historic claims that are reported to the police many years after the abuse and within the last 2 years do comply with this eligibility rule. As the rules are complex, advice from a CICA solicitor is recommended.

Unless the CICA is provided with a Police Crime Number the CICA will not accept your claim. If you still live in the area you can usually call 101 and that will put your through to a local police centre that can help you with tracking down the PCN. If you no longer live in the area, a call to the main police station in that county will usually help. If you are struggling a CICA Solicitor may be able to do this investigation for you, as they can act on your behalf.

Historic Sexual Abuse Claims Explained

We would hope to see claims relating to historical sexual abuse, with associated disabling mental injuries to average 18-24 months to settle. If the police evidence is available, and your claim is being dealt with on a Police Evidence only basis, these claims are surprisingly quick. Currently we are managing to obtain appropriate awards for our clients in about 3 months. Where the police evidence is hard to track down, or where medical evidence is required because the claim is for clinically diagnosed permanent mental injury the timescale is about a year to 18 months. A CICA Solicitor will advise on the best course of action for your particular case.

The highest awards between £22,000 and £44,000 are paid to those who have a confirmed diagnosis of a disabling mental injury from a psychiatrist or clinical psychologist or who have suffered serious internal injuries as a result of sexual abuse. The CICA do not consider mental injury diagnosed by a counsellor or a therapist. You can also speak to us about compensation for rape victim.

Many victims are rightly nervous about seeking compensation. They may have family concerns, as the family does not want to speak or be reminded of this dark episode in their past. They may feel worried about speaking to the police, or worried this will bring back all those memories they have tried to forget for years. Having listened for years to victims concerns, out team can share with you their experiences and help guide you through this difficult time.

Will it cost me to use a solicitor?

There is no cost to speak to our CICA Solicitors. This free initial chat will help you decide if you are eligible to claim. If you do wish to proceed, we will offer you a 'no win no fee' agreement. This means you have no legal costs unless you are awarded compensation. Your legal costs on a successful claim are usually from 25% + VAT.

Claim Compensation for Historic Sexual Abuse Today

For an initial free assessment of your case, please call our CICA Solicitors on 0113 320 5000 or email cica@winstonsolicitors.co.uk

Experience tells us that it is beneficial to the overall success of your claim, to instruct a solicitor at the very start. The CICA do not offer a solicitor to you and you are able to apply directly; however, without extensive knowledge of the scheme we see too often that applicants who have applied directly, face trouble and stumbling blocks along the way. By instructing Winston Solicitors you are receiving specialist advice from our Criminal Injury Lawyers, representation throughout your claim, including at Review and Appeal stage if required. We will ensure that you achieve the maximum award for your injuries, including loss of earnings and special expenses where applicable.

You may be able to. The burden of proof required by police and the Crown Prosecution Service is that they must show “beyond all reasonable doubt” that the assailant is guilty – sometimes this will lead the CPS being unable to charge if there are some discrepancies or a lack of evidence. The burden of proof the CICA require is much less and it is accepted “on balance of probability” that the crime took place, then you should be able to claim compensation.

Yes. So long as you have required medical treatment for the same. The CICA would require you to have a diagnosis from a psychiatrist or clinical psychologist; if you don't have this yet but are receiving counselling or therapy, please call our specialist Criminal Injury Lawyers on 0113 320 5000 who will be able to advise you further. You can also use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.

Yes. Each case will be assessed on its own merits so it will certainly depend on why a claim is being sought now; however, we have successfully represented thousands of clients who have claimed compensation as an adult. Please talk to our specialist Criminal Injury Lawyers on 0113 320 5000 and they will be able to advise you further.

Absolutely not. We do not share your information with anyone else without your prior consent. As your compensation is paid by government funds, there is no reason why the assailant would be aware of your claim for compensation.

Yes, you can make claims for sexual offences on a police evidence only basis. This means you can be compensated for the fact that the crime has happened, without having to disclose sensitive medical information.

Non recent abuse is another term for historic abuse, and it is usually used to mean abuse which took place in childhood, when the person involved in now over 18. 

No, most claims for sexual offences can be settled without medical reports. Claims for physical injuries can be settled using your medical records from your own doctors. 

If the police investigate the crime and there is not enough evidence for them to refer the case to the CPS for a charging decision, then it is unlikely compensation would be awarded due to a lack of evidence. 

No, if the police investigation does not result in a conviction, or the alleged perpetrator is not convicted this does not necessarily mean you cannot claim compensation.

Yes, so long as there is sufficient evidence that it was non-consensual. This is often made as part of a domestic violence claim, if there has also been physical injury.

Domestic violence claims can also be made through the Criminal Injury Compensation Scheme, these would be awarded based on what physical injuries you have suffered. 

There are cases where the perpetrator is deemed unfit to stand trial, or the court decides part way through the trial that they are too ill to be tried. You would still be able to claim compensation. 

Yes, if you have a confirmed diagnosis of a disabling mental injury as a direct result of the crime, and that diagnosis comes from either a clinical psychologist or a psychiatrist. 

You can claim for PTSD if a clinical psychologist or a psychiatrist have confirmed that it is disabling on a level where it affects you day to day, and that it is as a direct result of the crime. 

Compensation for childhood abuse

Claiming Compensation for Childhood Abuse

Can I claim compensation for childhood abuse?

Yes you can, you can claim compensation for childhood abuse, even if it was many years ago. In fact any sexual abuse suffered after 1965 which has been reported to the police can be considered for compensation.

Concerns about childhood abuse claims

But I have not reported the abuse to the police

That’s fine. You do need to report it before a claim can be made, but you do not need to worry that the abuse you intend reporting occurred many years ago. Hopefully the person that abused you is still alive, so the police will be able to interview them, but even if they are not, the police should still interview you.

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How will the police handle my historic abuse?

Surprisingly well. We always suggest contacting the police first to say you wish to report a historic abuse matter. That way they will usually have appropriately trained officers present to take down your statement. Feedback from our clients especially over the last 3 years has on the whole been positive about how sensitively and well their statement has been dealt with.

I reported the abuse many years ago but have not made a claim.

Don’t worry, speak to our specialist childhood abuse lawyers on 0113 320 5000 or email cica@winstonsolicitors.co.uk and we will be able to explain how a claim for compensation for childhood abuse can be made. It’s a bit more complicated, but with our experience we will be able to tell you quickly if a claim can be made.

I’m worried that applying for compensation will bring back bad memories

By using a specialist solicitor, they will act for you and ensure that you deal with matters in your own time. The CICA does have mechanisms in place to give victims more time, and we use these where appropriate. Of course if you would prefer the claim to be dealt with as quickly as possible, a solicitor will be able to move your claim on as they are used to communicating with the CICA on a daily basis.

So I’d like to claim, but how long will it take?

Claims timescales do differ considerably. There are cases that are dealt with very quickly, literally within a few months, and others that take more than 2 years. We know which cases are dealt with quickly and which much more slowly, so just ask – call 0113 320 5000 or email cica@winstonsolicitors.co.uk

Compensation for rape and sexual assault

Compensation for Rape and Sexual Assault Explained

What do I need to consider when applying for compensation for rape or sexual assault?

Under the CICA, you are entitled to compensation for rape and sexual assault. There are thousands of rape cases every year in the UK. However, sometimes rape survivors don't realise that they've been sexually assaulted, and blame themselves. In cases like this, rape can go unreported.

It is often helpful to understand the definition of “rape” as defined by the Ministry of Justice as being “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Defining Rape

Many victims we see do not believe they have been the victim of rape, as there was no penile to vaginal/anal penetration. Any act of penetration without consent will be awarded compensation under the CICA scheme. Sexual assaults where there hasn’t been any penetration may still qualify.

In order to claim compensation for your injury – you must first have reported the matter to the police. For the best chances of success for compensation, this should be reported to the police as soon as reasonably practicable and a claim made within 2 years of the matter being reported – There are of course exceptions to this rule.

Is there a timescale for claiming compensation for rape?

It is always easier to claim within the 2 year CICA time limit for compensation claims, but there are instances when this time limit can be waived. If you are nearing the 2-year anniversary of the assault, do speak to a trained professional. Our team can be contacted on 0113 320 5000, or email cica@winstonsolicitors.co.uk.

If you are reading this and you are over the 2-year time limit, it is still worth contacting our specialists, as there are specific reasons that the CICA will accept in waiving the time limit for seeking compensation. The rules are complex, so it is best to obtain legal advice.

How long will my sexual abuse or Rape claim take?

Applications for compensation arising from Rape and sexual assault often be dealt with quickly, once the CICA have confirmed you are eligible. They do this by obtaining the police report, which is why this should always be reported if you are seeking compensation.

Our knowledge and vast experience of the CICA scheme allows us insight in to criteria the CICA use to check your eligibility and therefore our experts will be able to give you an indication as to how long your claim is likely to take.  Some applications can be finalised within as little as 4 weeks from submission, where there are no, or minimal psychological ramifications of the assault.

Of course, for various reasons, claims can and do take much longer, but usually rape and sexual assault cases are dealt with surprisingly quickly by the CICA.

Rape Compensation and Court Hearings

I’d like to make a rape claim, but my support worker/the police recommend I don’t claim until after the Court hearing.

These people are genuinely trying to help you and do have your best interests at heart when they say this, but unfortunately, they do not have the required knowledge or understand the complex rules of the CICA scheme to correctly advise you on this. In most cases, the CICA will not accept a late application because you were waiting for the outcome of a Court Hearing. 

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We have listened to so many victims of crime say this, and we have to tell them that is not an acceptable reason for the CICA to waive their 2-year time limit. If you are unsure whether to take the advice you have been given, please contact our experts and they will advise you whether there are likely to be difficulties faced if you hold off applying for compensation.

Rape victim compensation scheme with Rape Solicitors & Lawyers

Use our rape victim compensation calculator to find out how much you could claim using the the Rape Compensation for rape victim scheme.

Rape awards are at the upper end of the tariff awards for sexual assaults. The actual award depends on whether it was a single incident and if several incidents over what period the assaults occurred. There can also be a higher award where the rape has caused a psychological injury and also an additional sum if you have had no or limited capacity for work because of the psychological injury.

There is no time limit in relation to the criminal prosecution of sexual offences. Criminal charges may and often are brought many years after the event. We would always encourage anyone who has suffered a sexual assault, particularly in rape cases, where there may be DNA evidence, to report the matter to the police immediately or as soon as they are able to.

Experience tells us that it is beneficial to the overall success of your claim, to instruct a solicitor at the very start. The CICA do not offer a solicitor to you and you are able to apply directly; however, without extensive knowledge of the scheme we see too often that applicants who have applied directly, face trouble and stumbling blocks along the way. By instructing Winston Solicitors you are receiving specialist advice from our Criminal Injury Lawyers, representation throughout your claim, including at Review and Appeal stage if required. We will ensure that you achieve the maximum award for your injuries, including loss of earnings and special expenses where applicable.

Absolutely not. We do not share your information with anyone else without your prior consent. As your compensation is paid by government funds, there is no reason why the assailant would be aware of your claim for compensation.

No, you don't. The CICA expect an application to be made as soon as reasonably possible. The burden of proof for the CICA is lesser than what is needed in court; therefore, providing the police have agreed to investigate your allegations; this should be sufficient to proceed with an application. The CICA apply a limitation of 2 years* from the date of reporting to make a claim for compensation; therefore, waiting for the outcome of a court hearing could sometimes jeopardise your position.

Yes. As long as the historical abuse has been reported to the police. We recognise that all acts of abuse affect individuals differently and therefore each person’s story is different. We are happy to speak with you to advise you personally on whether your claim will be successful. Please call our specialist Criminal Injury Lawyers on 0113 320 5000 and they will be able to advise you.

Yes. Each case will be assessed on its own merits so it will certainly depend on why a claim is being sought now; however, we have successfully represented thousands of clients who have claimed compensation as an adult. Please talk to our specialist Criminal Injury Lawyers on 0113 320 5000 and they will be able to advise you further.

It may be possible. It will depend on your individual circumstances, however just because the assailant is deceased does not mean you will not be eligible for compensation. Call our specialist Criminal Injury Lawyers on 0113 320 5000 and they will be able to advise you.

You may be able to. The burden of proof required by police and the Crown Prosecution Service is that they must show “beyond all reasonable doubt” that the assailant is guilty – sometimes this will lead the CPS being unable to charge if there are some discrepancies or a lack of evidence. The burden of proof the CICA require is much less and it is accepted “on balance of probability” that the crime took place, then you should be able to claim compensation.

Yes. So long as you have required medical treatment for the same. The CICA would require you to have a diagnosis from a psychiatrist or clinical psychologist; if you don't have this yet but are receiving counselling or therapy, please call our specialist Criminal Injury Lawyers on 0113 320 5000 who will be able to advise you further. You can also use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.

This will depend on the circumstances of your injury; however, as a general rule; you have 2 years from the date of the incident to submit an application*. If you are under the age of 18 (or were under the age of 18) when the matter was reported to the police, then you have 2 years from the date of your 18th Birthday. If the criminal injury occurred whilst you were under the age of 18, but the matter was reported to the police as an adult, you have two years from the date the matter was reported to the police.

*There are exceptional circumstances where these time limits can be waived.

When asked by the police if you wish to press charges against your assailant, you must agree to do so to be able to claim compensation for your injuries. The CICA expect all applicants to act as far as reasonably practicable in bringing their assailant to justice, and therefore any reluctance to assist the police in securing a prosecution, may see your claim rejected by the CICA.

Most claims take between 12 and 18 months. The timeline depends on the police report, medical evidence, and whether your injuries have stabilised.

Sexual assault by groping compensation

Groping Compensation Claims

Sexual assault claims

Sexual Assaults and “groping” are becoming more frequently reported to the police and more importantly, taken seriously as a crime of violence by the Authorities. This has led to more groping compensation payouts. For some time, such incidents were no more than lightly investigated and rarely prosecuted. However perhaps due to high profile cases such as Taylor Swift's claim against DJ David Mueller in 2017, these incidents are taken far more seriously.

To be able to claim compensation, the incident must be reported to the police as soon as reasonably practicable. Ideally, it is also helpful if there have been witnesses to the assault.

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Examples of cases which led to prosecutions include a sexual assault waiting for a tram, getting on a bus, and in the workplace. Once the matter has been reported to the police (including British Transport Police) and the matter is investigated – It is usually necessary for the case to passed to the Crown Prosecution Service (CPS) to prosecute; where this happens, you should be able to claim.

Claiming Groping Compensation

You can call our expert criminal injuries compensation solicitor on 0113 320 5000 and they will be able to advise you whether there is likely to be sufficient evidence for your claim to succeed.

We are finding increasing numbers of cases where an award for groping is not being made where there is a lack of evidence to substantiate the allegation – This does not mean that there is a belief it didn’t happen, but usually that the assailant cannot be located, or there are no witnesses to the offence. This makes the burden of proving the allegations sufficiently to secure a prosecution is difficult. In these cases, it is likely that the CICA will not be satisfied that there is enough evidence to meet the threshold of their scheme and therefore this would not warrant an award of compensation. 

These sexual offences are at the more minor end of the CICA compensation scale, so will usually be awarded between £1,000 and £3,300 depending upon whether the groping occurred over clothing or beneath clothing. Our criminal injuries compensation calculator offers a guide as to how much you could claim.

CICA cases do vary enormously in timescale, from as little as 2 months, to many years. The CICA say on average a case will take 1 year. In our experience there is no such thing as an average sexual assault claim. They are very personal, and the circumstances are so very individual. Our experienced criminal injuries team will give you indication of how long your case will take.

You do not, and unfortunately there are far too many victims who wait and their case is delayed. By the time they decide to make a claim, the CICA tell them they are out of time. This is because they have to bring their claim within 2 years of the assault happening. Our advice is don't delay. Once you are aware the CPS are prosecuting you should commence your claim.

For a free no obligation chat about your claim call 0113 320 5000 or email cica@winstonsolicitors.co.uk. Alternatively complete our criminal injuries compensation online application form and we will be in touch.

Yes, groping amounts to sexual assault and is also considered to be a crime of violence under the CICA scheme. Any unwanted, non consensual touching can amount to an assault.

Yes. So long as you have required medical treatment for the same. The CICA would require you to have a diagnosis from a psychiatrist or clinical psychologist; if you don't have this yet but are receiving counselling or therapy, please call our specialist Criminal Injury Lawyers on 0113 320 5000 who will be able to advise you further. You can also use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.

When asked by the police if you wish to press charges against your assailant, you must agree to do so to be able to claim compensation for your injuries. The CICA expect all applicants to act as far as reasonably practicable in bringing their assailant to justice, and therefore any reluctance to assist the police in securing a prosecution, may see your claim rejected by the CICA.

You may be able to. The burden of proof required by police and the Crown Prosecution Service is that they must show “beyond all reasonable doubt” that the assailant is guilty – sometimes this will lead the CPS being unable to charge if there are some discrepancies or a lack of evidence. The burden of proof the CICA require is much less and it is accepted “on balance of probability” that the crime took place, then you should be able to claim compensation.

Absolutely not. We do not share your information with anyone else without your prior consent. As your compensation is paid by government funds, there is no reason why the assailant would be aware of your claim for compensation.

This will depend on the circumstances of your injury; however, as a general rule; you have 2 years from the date of the incident to submit an application*. If you are under the age of 18 (or were under the age of 18) when the matter was reported to the police, then you have 2 years from the date of your 18th Birthday. If the criminal injury occurred whilst you were under the age of 18, but the matter was reported to the police as an adult, you have two years from the date the matter was reported to the police.

*There are exceptional circumstances where these time limits can be waived.

The CICA offer awards between £1000 and £250,000 for injuries sustained as a result of a crime of violence. There is also an opportunity to claim up to an additional £250,000 in Loss of Earnings and Special Expenses, funeral expenses and Child Dependency payments. Use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.

Compensation for domestic violence

Domestic Violence Compensation

Claiming Compensation for Domestic Violence

You may be able to claim compensation for domestic violence claims, if there is evidence that a "crime of violence" has taken place. This means that physical or sexual violence is awarded compensation.

Start my criminal injuries claim today

The CICA do not pay compensation for the following:

  • Emotional abuse
  • Stalking
  • Harassment and bullying
  • Financial abuse
  • Coercive control
  • Minor isolated physical injuries, such as bruising, a black eye, broken nose, broken ribs, or small cuts, scrapes or swelling.

Domestic Violence Solicitor UK

The CICA scheme rules require the victim to evidence the fact that they are blameless and that your attacker cannot benefit from any financial award made. This means claims can be turned down if the abuse was from a partner, and you have chosen to remain with that partner. The CICA scheme sets out how to determine eligibility for compensation. Domestic violence claims are specifically referred to in the most recent version of the scheme (updated in 2012), where compensation tariffs of between £2,000 and £8,200 are payable depending on the level of physical injury sustained. There is also a separate section for abuse suffered by children.

Why should I use a criminal injury lawyer to help make a domestic abuse claim?

The CICA look at domestic violence and domestic abuse claims very carefully. They assess each individual incident, and whether it forms part of a pattern of abuse over a period of time. They consider what has been reported to the police, and what co-operation the victim has given the police in investigating the crimes. In other words, instead of being wholly sympathetic to the victim, they are looking at whether they are able to decline a claim or not. The abuse must be reported to the police as soon as reasonably practicable. We have noticed that the CICA are clamping down on delays in reporting to the police. Therefore, it is really important to have a legal representative to assist you in overcoming any potential hurdles with the claim. 

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An experienced lawyer will be able to advise why the CICA request a specific piece of information, and how best to present the case to get a settlement, and reduce the time taken to get there. Our experts work to ensure that your claim is submitted in the best way from the start to maximise your chances of success.

Please get in touch with our domestic abuse lawyers and we will tell you if we are able to take your case on a no win, no fee basis. Most CICA claims are handled on this basis, and this is done in the reasonable belief that the claim is more likely than not to succeed. We offer a no win, no fee agreement on domestic violence cases only if the claim is successful. This means you have no risk of legal costs unless you win, when the costs are paid out of the compensation.

For more information please call Winston Solicitors Domestic Abuse CICA Helpline on 0113 320 5000 or email cica@winstonsolicitors.co.uk to find out more about our CICA services.

Experience tells us that it is beneficial to the overall success of your claim, to instruct a solicitor at the very start. The CICA do not offer a solicitor to you and you are able to apply directly; however, without extensive knowledge of the scheme we see too often that applicants who have applied directly, face trouble and stumbling blocks along the way. By instructing Winston Solicitors you are receiving specialist advice from our Criminal Injury Lawyers, representation throughout your claim, including at Review and Appeal stage if required. We will ensure that you achieve the maximum award for your injuries, including loss of earnings and special expenses where applicable.

The CICA offer awards for the most significant injuries including:

  • Facial fractures
  • Internal injuries
  • Fractured or dislocated limbs
  • Significant scarring
  • Psychological injuries
  • Sexual assaults

Minor injuries that are not eligible for compensation under the Criminal Injuries Scheme include:

  • broken noses
  • fractured ribs
  • widespread bruising

Use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.

It is possible to claim compensation for injuries sustained from a period of domestic abuse or a single domestic assault. You must have reported the offender to the police and supported the prosecution. An award may be paid for physical, sexual or psychological injury where this falls within the tariff of injuries set by the CICA. Awards however cannot be made for financial abuse, coercive control, stalking and harassment.

When asked by the police if you wish to press charges against your assailant, you must agree to do so to be able to claim compensation for your injuries. The CICA expect all applicants to act as far as reasonably practicable in bringing their assailant to justice, and therefore any reluctance to assist the police in securing a prosecution, may see your claim rejected by the CICA.

Absolutely not. We do not share your information with anyone else without your prior consent. As your compensation is paid by government funds, there is no reason why the assailant would be aware of your claim for compensation.

You may be able to. The burden of proof required by police and the Crown Prosecution Service is that they must show “beyond all reasonable doubt” that the assailant is guilty – sometimes this will lead the CPS being unable to charge if there are some discrepancies or a lack of evidence. The burden of proof the CICA require is much less and it is accepted “on balance of probability” that the crime took place, then you should be able to claim compensation.

Yes. So long as you have required medical treatment for the same. The CICA would require you to have a diagnosis from a psychiatrist or clinical psychologist; if you don't have this yet but are receiving counselling or therapy, please call our specialist Criminal Injury Lawyers on 0113 320 5000 who will be able to advise you further. You can also use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.

Compensation for domestic abuse claims depends on the frequency and severity of the assaults. The CICA provides awards based on the physical and psychological injuries sustained, with amounts varying accordingly. Typical awards can range from £1,000 to a maximum of £250,000. For detailed advice and to understand your potential compensation, reach out to our dedicated domestic abuse claim experts at Winston Solicitors.

Criminal injuries compensation assault by beating

Beating Compensation

Can I claim compensation if I have been beaten up?

If you have been hurt as a result of a beating, you ought to receive compensation. We will help you to obtain compensation from the Criminal Injuries scheme where you are entitled and explain clearly if you are not entitled. Please call 0113 320 5000 and ask to speak to our CICA specialists.

Compensation for Beatings and Assault

What are the reasons I would not receive compensation?

  1. The beating was not reported to the police, or it was not reported to the police as soon as possible. There may be exceptions to this for claims arising from beatings as a pattern of abuse in cases of domestic violence.
  2. You reported the violence to the police but later withdrew your statement or do not provide a full one in the first place.
  3. You have unspent criminal convictions. We can advise on whether they are unspent and if so what tactics can be used to still claim.
  4. The injuries suffered are too minor to be compensated under the Criminal Injuries Scheme. This seems unfair, as any beating is going to be physically painful and emotionally distressing. But the scheme will only pay for certain types of physical and emotional injuries. Our CICA calculator can help you see which injuries are payable. Although as a quick overview, bruises, scratches and cuts that heal without significant scarring are not compensable under the scheme.
  5. Whilst most broken bones do attract an award of compensation under the CICA scheme, there are some notable exceptions. For instance, broken noses, broken ribs or a broken little or ring finger would not attract an award under the scheme when sustained from a single incident.

There are however exceptions where these injuries have been sustained as a pattern of abuse.

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How do I start a claim?

Our CICA claims specialists will check to see if you are eligible. If you are, will be able to offer you a ‘no win no fee’ agreement. That means you only have legal costs if you are successful. So there’s no risk.

Speak to a CICA Expert

For more information please call Winston Solicitors CICA Helpline on 0113 320 5000 or email cica@winstonsolicitors.co.uk to find out more about our CICA services.

The CICA offer awards between £1000 and £250,000 for injuries sustained as a result of a crime of violence. There is also an opportunity to claim up to an additional £250,000 in Loss of Earnings and Special Expenses, funeral expenses and Child Dependency payments. Use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.

This will depend on the circumstances of your injury; however, as a general rule; you have 2 years from the date of the incident to submit an application*. If you are under the age of 18 (or were under the age of 18) when the matter was reported to the police, then you have 2 years from the date of your 18th Birthday. If the criminal injury occurred whilst you were under the age of 18, but the matter was reported to the police as an adult, you have two years from the date the matter was reported to the police.

*There are exceptional circumstances where these time limits can be waived.

When asked by the police if you wish to press charges against your assailant, you must agree to do so to be able to claim compensation for your injuries. The CICA expect all applicants to act as far as reasonably practicable in bringing their assailant to justice, and therefore any reluctance to assist the police in securing a prosecution, may see your claim rejected by the CICA.

The CICA offer awards for the most significant injuries including:

  • Facial fractures
  • Internal injuries
  • Fractured or dislocated limbs
  • Significant scarring
  • Psychological injuries
  • Sexual assaults

Minor injuries that are not eligible for compensation under the Criminal Injuries Scheme include:

  • broken noses
  • fractured ribs
  • widespread bruising

Use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.

Absolutely not. We do not share your information with anyone else without your prior consent. As your compensation is paid by government funds, there is no reason why the assailant would be aware of your claim for compensation.

The compensation for assault in the UK varies widely depending on the severity of the injuries. The Criminal Injuries Compensation Authority (CICA) sets tariffs for different injuries, with awards ranging from a minimum of £1,000 to a maximum of £250,000. Factors such as the nature and extent of the injuries, and any lasting impact, are considered. For precise guidance and an assessment of your case, contact our experienced team at Winston Solicitors.

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