Criminal injuries compensation tribunal
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1. Overview
You can appeal to the First-tier Tribunal (Criminal Injuries Compensation) if:
- you asked the Criminal Injuries Compensation Authority (CICA) to review their decision on your claim for compensation
- you disagree with the decision of that review
You may want to appeal after CICA’s review if you’re refused compensation or you’re unhappy with the amount.
The tribunal can:
- uphold CICA’s review decision
- increase or reduce your award
- decide you should not get anything
- send your case back to CICA to consider again
You have 90 days to appeal to the tribunal from the date of CICA’s review decision. Explain why you’re late if you miss the deadline, for example if you’re waiting for medical reports.
The tribunal is independent of government and will listen to both sides of the argument before making a decision.
Help you can get
You can find victim and witness support in England and Wales and victim and witness support in Scotland.
You can represent yourself at the tribunal. To get help and advice before you appeal you can find a solicitor.
2. Appeal to the tribunal
Download and fill in the appeal form. If you’re applying online, you do not need to sign the form.
You also need copies of:
- the decision letter from the Criminal Injuries Compensation Authority (CICA)
- any documents you want to submit that support your case, such as medical records or evidence of loss of earnings
- any notices you got from the tribunal giving you extra time to apply
Apply online
Make sure you have electronic copies of all of your documents. You need to upload them to the online service.
Other ways to apply
Send all of your documents to the email or postal address on the appeal form. Make sure you sign your appeal form.
If you need help applying
Call or email the tribunal helpline. The helpline cannot give you legal advice.
Criminal injuries compensation tribunal helpline
cic.enquiries@justice.gov.uk
Telephone: 0300 790 6234
Monday to Friday, 8:30am to 5pm
Find out about call charges
3. What happens next
The tribunal will send a copy of your appeal form to the Criminal Injuries Compensation Authority (CICA). CICA will usually respond to you and the tribunal within 6 weeks.
You’ll have one month to get back to the tribunal with any extra information or arguments.
How your appeal will be decided
The tribunal will write to tell you if your appeal will be decided using either:
- the paperwork in the case
- a hearing
You can ask the tribunal for a hearing if you’re unhappy with not being given one.
The tribunal judge’s decision will be sent to you by post if your appeal is decided using paperwork.
You’ll be given at least 14 days’ notice of any hearing.
Hearings
The hearing will usually be held in the area covered by the police force which investigated the crime.
If you or your witness or representative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country you, the witness or representative is in and what type of evidence is being given. You must do this as soon as possible.
The hearing will be attended by:
- 2 or 3 tribunal judges or members
- a clerk
- a representative from CICA
- any witnesses
A police officer who knows about your case may also attend if they can help the tribunal.
Offenders do not usually attend tribunal hearings.
What happens at a hearing
You’ll be asked questions about the crime and your injuries.
You’ll present your case to the judge - someone else can do this for you, for example a lawyer, friend or family member.
Witnesses will come into the hearing room to give evidence - they’ll leave after they’ve done that.
You or your representative can ask questions during the hearing, and can make points at the end.
You’ll usually get the tribunal’s decision on the day of the hearing.
Expenses for going to the hearing
The tribunal will send you information on how to claim expenses for going to the hearing, such as travel costs.
4. If you lose your appeal
There’s no right of appeal but you may be able to ask for a ‘judicial review’ of the decision if you think the decision was wrong for a legal reason. This means they may hear the case again.
Contact a solicitor for legal advice if you’re unsure.
Before you apply
Before applying for a judicial review:
- write to the tribunal, saying why you think the decision was wrong
- ask for written reasons for its decision
You must do this within 1 month of the date of the decision.
How to apply - England and Wales
You must get permission from the Upper Tribunal (Administrative Appeals Chamber) if you live in England or Wales.
Fill in the judicial review claim form and return it to the address on the form.
Find out more about appealing to the Upper Tribunal.
How to apply - Scotland
You must get permission from the Court of Session if you live in Scotland by using the application for leave to appeal form.
Send the form to:
Outer House
Court of Session
Parliament House
Parliament Square
Edinburgh
EH1 1RQ
Scottish Courts
supreme.courts@scotcourts.gov.uk
Telephone: 0131 225 2595
Fax: 0131 240 6711
Find out about call charges
5. Legislation and previous decisions
Read the rules the tribunal must follow and its decisions on previous cases.
Previous decisions
Search the decisions database to see how and why previous decisions have been made.
The tribunal will make a decision based on the Criminal Injuries Compensation Scheme 2012.
Legislation
The tribunal must follow the rules in the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008.
Read the practice statements and protocols for more information.