Challenging a decision from the CICA. The CICA doesn’t always make the right decision. It is possible to challenge a refusal to make an award, or a decision to reduce an award should this be the initial response to your application.
The authority may have refused an award on the basis that:
- the application is out of time
- you failed to cooperate with the police
- your injuries are not sufficiently serious
- you were in some way responsible for the incident
- other breaches of the CICA requirements
The procedure for challenging a decision
In the first instance, you would need to ask for the matter to be reviewed by another caseworker to see if they would reach the same decision.
If they agree with the original decision, you can then appeal to the 1st tier Tribunal for a decision to be made by non-CICA staff. This can be a complex and ‘paperwork heavy’ exercise with strict time limits and evidential requirements applying. In these circumstances, you may, therefore, wish to seek expert assistance.
The tribunal can:
- uphold CICA’s decision
- increase or reduce any award that has been made
- decide you should not get anything even if an initial award has been made
- refer the matter back to the CICA requesting they review their decision.
Legal advice on challenging refusal/reduction of an award
You should also be aware that there are time limits to making an application for a review and so, if you are not happy with the response you have received from CICA you should seek immediate help and advice.
A refusal can be challenged on a number of grounds with some being more successful than others. So if you are considering a challenge to a decision from the CICA you may wish to seek legal advice.
At Criminal Injury Claims Advice we have the knowledge and experience to obtain the evidence and draft the required documents to seek a review of what may be an unfair decision.
To see if we can assist with your challenge of a CICA refusal get in touch with us today:
- call Mike Massen on 0113 224 7804. We will listen in complete confidence and give you the best advice regarding your claim, and how much you may be entitled to. We will answer your questions so that you can decide if you wish to proceed with your claim. If you do; we are here for you and can help you.
- email your contact details with as much information as you want to give us and we will call or email you; just let us know what works best for you. Email us at email@example.com
- pop your details in the contact box on the top right of this page and we will get back to you for a free, confidential chat to see how we can help you.
Your claim can be dealt with on a No Win-No Fee basis so you don’t have to worry about the cost of bringing your claim.
Here to help you when you need it most.