What if my CICA Claim is Rejected? Understanding Appeals and Your Next Steps
Making a claim through the Criminal Injuries Compensation Authority (CICA) can be a daunting experience, especially if your application is rejected. Whether you are applying for compensation as a victim of violent crime, sexual assault, abuse, or other qualifying injuries, a refusal can feel like another setback. But a rejected claim is not the end of the road. You have options and understanding your rights is the first step toward getting the justice and support you deserve.
Why are CICA Claims Rejected?
The CICA scheme has strict eligibility criteria. Common reasons for a claim being rejected include:
- Lack of evidence proving that a crime occurred or that you were injured as a result.
- Delays in reporting the crime to the police.
- Failure to cooperate with the police or the CICA investigation.
- Unspent criminal convictions on your record.
- Missed deadlines, such as submitting your application outside the two-year time limit.
Often, claims are rejected because supporting documentation was incomplete or the application lacked clarity. That’s why working with a solicitor experienced in CICA claims can make a significant difference.
What should I do if my CICA Claim is Rejected?
The CICA will send you a rejection letter setting out the reasons for their decision. You should:
- Read the decision carefully. Understand the exact reasons your claim was refused.
- Carry out a Subject Access Request including any evidence used in the decision-making process.
- Seek legal advice from a solicitor who specialises in criminal injury claims. They can assess whether you have grounds to challenge the decision.
Can I Appeal a CICA Decision?
Yes, but it’s a two-stage process:
- Requesting a Review
You can ask the CICA to review their decision. This must be done within 56 days of receiving the rejection. You’ll need to explain why you believe the decision was wrong and provide any additional evidence to support your case. You can request an extension to the 56 days if waiting for further evidence.
- Appealing to the Tribunal
If the review is unsuccessful, you can appeal to the First-tier Tribunal (Criminal Injuries Compensation). This is an independent body that will consider your case afresh. You have 90 days from the review decision to lodge an appeal.
You do not need to attend the hearing in person, but failing to do so may seriously prejudice your position. In addition, having a legal representative at the hearing can significantly strengthen your case, especially where the issues are complex.
How can I Improve my Chances on Appeal?
- Gather strong supporting evidence, such as medical records, police reports, or witness statements.
- Explain any delays clearly and truthfully – for instance, if you delayed reporting due to trauma or fear.
- Provide a full picture of how the injury has affected your life, including physical, emotional, and financial impacts.
- Instruct Solicitors: instructing solicitors with knowledge, expertise and experience in relation to appealing a rejection from the CICA will likely increase the chances of a successful outcome.
How We Can Help
At Ison Harrison, our experienced solicitors can review your rejection, advise you on the best course of action, and represent you throughout the appeal process. We offer compassionate, expert legal support with a focus on achieving the best possible outcome for you.
Get in Touch
If your CICA claim has been rejected, don’t give up. Contact our team today for a no-obligation consultation. Together, we can help you challenge the decision and fight for the compensation you deserve.