If you have suffered an injury as the result of an anti-LGBT+ attack, sexual assault or abuse or domestic violence, you may be entitled to financial compensation from the government. This information sheet provides tells you about the Criminal Injuries Compensation Claim, and how we can support you with this.
The Criminal Injuries Compensation Scheme is funded by the government. Anyone who has been a victim of a violent crime in England, Wales or Scotland can apply. However, the scheme does have specific criteria you need to consider. This information sheet provides an overview of the criteria, how you can apply, and what happens after you apply.
If you are a victim of a violent crime and suffer physical injury or mental trauma as the result of an attack you may be eligible for a financial award – this is called criminal injuries compensation.
The Criminal Injuries Compensation Scheme is funded by the government and is administered by an organisation called the Criminal Injuries
Compensation Authority (CICA). Under the Scheme, each type of injury is given a financial value depending on the seriousness of the injury. CICA use this to calculate the total award.
Criminal injuries claims cover a wide range of injuries. The minimum payment for a single injury is £1,000 and the maximum payment for a single injury is £250,000.
A claim can not usually be made for a single ‘less serious’ injury, such as a graze or small bruise. However, if you have suffered at least three ‘less serious’ injuries, such as cuts, a black eye, or severe bruising you could be eligible for an award for ‘multiple minor injuries’. You can not claim for mental trauma alone (i.e. where there was no physical injury).
In certain circumstances you may also be entitled to additional payments for loss of earnings if for example, you are unable to work for more than 28 weeks. CICA can also award special expenses, such as help with care costs.
Anyone who has suffered an injury as a result of being a victim of a violent crime in England, Wales or Scotland can apply. You do not have to be a British citizen but the criminal injuries scheme does not apply to incidents that took place outside Great Britain. However, the criminal injuries compensation scheme does have specific criteria that you need to consider.
You don’t need a paid representative such as a solicitor to apply for criminal injuries compensation. You can apply directly to CICA yourself, either online or by post. CICA can also provide advice on how to complete the form (tel: 0800 358 3601). Alternatively, you can get advice and assistance from your local Victim Support.
Some LGBT+ people may want to get help with their criminal injury claim from an LGBT+ organisation. If you live in the London area and have suffered a homophobic or transphobic assault, sexual assault or domestic violence, Galop can provide advice and assistance with your claim. For example, a Galop advice worker can help you:
Once your claim is submitted CICA will list all the necessary evidence that is needed to assess your claim. This includes confirmation from the police that you were a victim of a violent crime and a criminal conviction check. CICA may also need to contact your doctor and/or another medical specialist who can verify your injuries. Any claim for loss of earnings or special expenses will also need to be verified.
When CICA have all the evidence it will be assessed by a Claims Officer who will decide on the case based on the ‘balance of probabilities’. This means that their decision is based on what is more likely to have happened than not have happened. Once CICA has made a decision they will contact you (or the agency representing you).
If your claim has been successful you have 90 days in which to tell CICA that you accept the award. Usually, you will be sent a single ‘lump sum’ as payment.
The length of time to assess a claim can vary depending on the circumstances of each case. CICA has to contact other agencies such as the police or hospitals to gather information and make an assessment. Sometimes it can take a long time to gather all the information necessary and Galop has found that it is not uncommon for applicants to wait for between twelve and fifteen months for a decision from CICA. Appealing a decision will also take additional time. Once a decision has been made to award criminal injuries compensation then the payment usually follows within a week or two.
If you disagree with the decision, you can ask for your claim to be reviewed by another Claims Officer. This appeal must be submitted within 90 days of the decision and you will be asked to submit additional evidence to support your appeal. If you are still not satisfied with this decision, you can appeal to Tribunals Service dealing with Criminal Injuries Compensation which is independent of CICA – though you might need specialist advice by this stage.