What to Do if You Have Had a CICA Claim Rejected
If you have had a CICA claim rejected, it can be deeply upsetting. Particularly when you have already found the courage to come forward about traumatic experiences. After making a claim, you may feel that you have reached the end of the road. However, an initial refusal does not necessarily mean that you cannot challenge the decision.
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Winston Solicitors recently helped a client secure a £22,000 compensation award after The CICA initially rejected their claim relating to historic sexual abuse. The original decision centred on a lack of evidence, despite the client having made allegations to the police. By carrying out further enquiries, gathering supporting evidence and submitting a detailed review application, Winston Solicitors successfully challenged the refusal.
This case demonstrates why it is important to understand the reasons behind a rejected claim and consider whether further evidence or legal arguments could make a difference.
Why Was the CICA Claim Initially Rejected?
The client approached Winston Solicitors after making a claim for compensation relating to serious historic sexual abuse. The client had reported the allegations to the police, but the criminal investigation was subsequently closed with a decision of no further action.
The police investigation had encountered evidential difficulties, and there was a lack of supporting medical records. When considering the compensation application, The CICA relied on the police information and concluded that there was insufficient evidence to establish that a crime of violence had occurred under Annex B of the Criminal Injuries Compensation Scheme 2012. As a result, the claim was refused.
For someone who has experienced serious abuse, receiving this kind of decision can be extremely disheartening. It can also be difficult to understand why a claim has been rejected, particularly when the circumstances have already been reported to the police. However, it is important to understand that a decision by the police to take no further action does not automatically prevent someone from receiving compensation through the CICA.
The criminal justice process and a compensation application are different processes, with different purposes and decision-making requirements. The CICA does not require an offender to have been convicted before it can make an award. Instead, it considers the available evidence against the requirements of the compensation scheme.
This means that a lack of a criminal conviction, or a police investigation that has ended without prosecution, does not necessarily bring a compensation claim to an end. The evidence available to support the application remains important.
What Does Annex B Of the CICA Scheme Say?
The Criminal Injuries Compensation Scheme 2012 sets out the rules governing compensation claims for victims of violent crime in Great Britain.
Annex B explains what constitutes a crime of violence for the purposes of the scheme. This includes a sexual assault to which a person did not in fact consent, as well as certain physical attacks, acts of violence causing physical injury and threats of immediate violence.
For a claim to succeed, The CICA must be satisfied that the circumstances meet the scheme's requirements. It will consider the information available when deciding whether the applicant has experienced a qualifying crime of violence and sustained an eligible criminal injury.
This can be particularly challenging in cases involving historic abuse. There may be limited contemporaneous records, no physical evidence and no criminal prosecution. The person making the claim may also find it difficult to revisit painful experiences or obtain information from events that happened many years ago.
However, the absence of one particular type of evidence does not necessarily mean that there is no evidence to support a claim. The circumstances of each case need to be considered individually, including whether information from other sources can help establish what happened.
In this case, Winston Solicitors considered that the original allegations were detailed and credible, and that there was further evidence that had not been fully explored before the initial decision was made.
How Winston Solicitors Challenged the CICA Decision
Rather than accepting the initial refusal, Winston Solicitors examined the reasons given by The CICA and considered what additional information could help address its concerns.
The original decision had placed significant weight on the police information and the lack of supporting medical records. The challenge therefore needed to go further than simply repeating the client's account. It was important to investigate whether independent information could provide additional support.
Winston Solicitors took a structured approach to the review.
1. Making Independent Third-Party Enquiries
The initial decision relied heavily on the information contained in the police reports. Winston Solicitors recognised that it was important to look beyond the summary already available and establish whether further relevant information could be obtained.
Targeted enquiries were made directly with third parties, including social services and police representatives. These enquiries were designed to explore the circumstances of the allegations, obtain relevant information and help corroborate the client's account.
This was an important part of building a more complete picture of the case. Rather than relying solely on the information considered during the original application, Winston Solicitors sought to establish whether additional evidence could help address the concerns raised by the CICA.
2. Reconstructing The Supporting Evidence
A lack of medical records had been one of the reasons given for refusing the original claim. However, the absence of medical documentation does not necessarily mean that an applicant has no other evidence available.
Winston Solicitors gathered supporting statements to help fill the gaps in the medical record and provide further context to the allegations.
In cases involving historic abuse, evidence may be spread across different sources or may not have been collected at the time of the incidents. Identifying relevant information and considering how it fits together can therefore be an important part of preparing a claim or challenging an earlier decision.
The aim was to ensure that the client's account was considered alongside the additional supporting material, rather than allowing the absence of particular records to determine the outcome without further investigation.
3. Preparing A Detailed Review Application
Once the additional information had been gathered, Winston Solicitors prepared a structured review application.
The submission directly addressed the reasons given for the original refusal. It brought together the newly obtained evidence and relevant provisions of the Criminal Injuries Compensation Scheme, including the guidance relating to Annex B.
A review application needs to explain clearly why the original decision should be reconsidered. Simply disagreeing with the outcome may not be enough. It is important to identify the points being challenged and provide relevant evidence or arguments that address the decision-maker's concerns.
In this case, the review application presented the additional information in a clear and organised way, demonstrating why the original refusal should be reconsidered.
The Outcome: A £22,000 Compensation Award
Following the review application, The CICA reversed its original decision and awarded the client £22,000 in compensation.
This was a significant outcome following an initial refusal that had left the client facing the prospect of receiving no compensation at all.
The result also highlights the importance of looking carefully at the reasons for a rejected claim. In this case, further enquiries and supporting evidence helped address the concerns that had led to the original decision.
Every compensation claim is different, and a successful review cannot be guaranteed. However, where an initial decision does not appear to take account of all the relevant information, or where further evidence may be available, it can be worth seeking specialist advice about the options for challenging it.
Can You Challenge a Decision from the CICA?
If The CICA has rejected your compensation claim, it is important not to assume that there is nothing more you can do.
The Criminal Injuries Compensation Scheme provides a process for asking The CICA to review a decision. The reasons for the refusal will be important when considering whether there are grounds to challenge it.
For example, you may need to consider whether relevant evidence was missing from the original application, whether further information can be obtained from the police or other organisations, or whether the decision has misunderstood or overlooked an important aspect of the case.
A review application should respond to the specific reasons given for the refusal. This may involve obtaining additional records, gathering supporting statements or explaining how the evidence relates to the requirements of the scheme.
There are also time limits and procedural requirements to consider. Anyone who receives a refusal should read the decision carefully and seek advice promptly about the review process and the deadline that applies to their case.
If a review does not resolve the matter, there may be a further right of appeal to the First-tier Tribunal, depending on the circumstances and the decision made. The available options and relevant deadlines should always be checked rather than assumed.
How Winston Solicitors Can Help with a Rejected CICA Claim
Making a claim for criminal injuries compensation can be difficult, particularly when it involves revisiting traumatic experiences. Receiving a refusal can make the process feel even more overwhelming.
Winston Solicitors understands that there can be significant challenges when trying to establish what happened, particularly in cases involving historic abuse or limited documentary evidence.
The team can help clients understand the reasons for a decision, identify what further evidence may be available and consider the appropriate next steps. Where there are grounds to challenge a refusal, this may include preparing a detailed review application that addresses the issues raised by the CICA.
As this case demonstrates, an initial rejection does not always have to be the final outcome. The right evidence and a carefully prepared review can make an important difference.
Has the CICA rejected your compensation claim?
If your application has been refused, or you are unsure whether you have grounds to challenge a decision, contact Winston Solicitors to discuss your circumstances with the team. Specialist advice can help you understand your options and decide how best to move forward.
