If your application to the CICA as a victim of a violent crime has been rejected or refused don't give up hope.
There are a number of reasons as to why the CICA may have rejected your claim. They may claim that the matter had not been reported to the police or lodged with the CICA within two years of the assault. If the application was for a sexual assault or rape, the CICA may state that the sexual act was consensual. You don't have to accept their decision; it is your right to challenge this decision and if you feel that your claim he been unfairly rejected you seek, in the first instance a review of the decision.
You will received, with you rejection, a form for lodging your application for review. Use this form to set out why you feel the decision is wrong.
To give you the best chance of a successful review:
Whilst sympathetic to all victims, the CICA will not be swayed by anything other than relevant facts and documents and persuasive discussion.
The CICA website www.cica.gov.uk has advice on preparing your application.
Criminal Injury Claims by Laura Begley, Aileen Downey & Claire Padley is available from on-line legal bookstores and contains lots of useful information for when dealing with the CICA.
You have 90 days to lodge your application for a review; the final date will be in your rejection letter. You must lodge your review application by the given date otherwise you will also need to explain why you were late. Time limits can be extended but normally a request for an extension has to be made, in writing, before the deadline date or else your case may be held as time-barred.
Once your application is received the whole case will be reviewed by another caseworker to see if they would come to the same conclusion; unlike the courts, the CICA are not bound by their own previous decisions and so can make a completely different decision on the same facts. They are able to take account of similar claims and so if you can; refer them to positive decisions they have made in the past - if they are relevant to your case.
I hope that the above has been helpful in answering any questions you may have however if you still feel that you need legal assistance then ensure that you instruct a solicitor with knowledge of the CICA's procedures and able to construct a strong, cogent argument. They should assess the strengths ands weaknesses of the CICA decision, research similar cases, draft skeleton arguments, prepare and submit your application for review and thereafter continue to deal with the matter until completion.
Most solicitors will be happy to deal with case on a ‘no win-no fee' basis so, if your application fails, you don't pay your solicitor a penny.
There are a number of reasons as to why the CICA may have rejected your claim. They may claim that the matter had not been reported to the police or lodged with the CICA within two years of the assault. If the application was for a sexual assault or rape, the CICA may state that the sexual act was consensual. You don't have to accept their decision; it is your right to challenge this decision and if you feel that your claim he been unfairly rejected you seek, in the first instance a review of the decision.
You will received, with you rejection, a form for lodging your application for review. Use this form to set out why you feel the decision is wrong.
To give you the best chance of a successful review:
- You need to stick to the facts as far as they relate to the reasons for the rejection.
- If the reason for rejection was a failure to lodge your application within two years of the assault but you didn't lodge it because the police advised you to wait until the trial was over then get a letter from the relevant police officer.
- Don't get emotional
Whilst sympathetic to all victims, the CICA will not be swayed by anything other than relevant facts and documents and persuasive discussion.
- Do some research.
The CICA website www.cica.gov.uk has advice on preparing your application.
Criminal Injury Claims by Laura Begley, Aileen Downey & Claire Padley is available from on-line legal bookstores and contains lots of useful information for when dealing with the CICA.
- Abide by the time limits.
You have 90 days to lodge your application for a review; the final date will be in your rejection letter. You must lodge your review application by the given date otherwise you will also need to explain why you were late. Time limits can be extended but normally a request for an extension has to be made, in writing, before the deadline date or else your case may be held as time-barred.
Once your application is received the whole case will be reviewed by another caseworker to see if they would come to the same conclusion; unlike the courts, the CICA are not bound by their own previous decisions and so can make a completely different decision on the same facts. They are able to take account of similar claims and so if you can; refer them to positive decisions they have made in the past - if they are relevant to your case.
I hope that the above has been helpful in answering any questions you may have however if you still feel that you need legal assistance then ensure that you instruct a solicitor with knowledge of the CICA's procedures and able to construct a strong, cogent argument. They should assess the strengths ands weaknesses of the CICA decision, research similar cases, draft skeleton arguments, prepare and submit your application for review and thereafter continue to deal with the matter until completion.
Most solicitors will be happy to deal with case on a ‘no win-no fee' basis so, if your application fails, you don't pay your solicitor a penny.
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