Criminal Injuries Compensation: Are Victims Being Left in the Dark?

If you have been the victim of a violent crime, you may be entitled to compensation through the Criminal Injuries Compensation Authority (CICA). This is a government-funded scheme, designed to provide financial compensation to those who have suffered physical or psychological harm as a result of violent crime. Despite the scheme’s existence for decades, there is a severe lack of signposting to the Scheme. This means that many victims are never told about their rights to compensation, or only learn of it when it is too late to claim.

In this blog, I explore who should be informing victims about the CICA scheme, the issues surrounding the strict time limits involved, and the unfortunate consequences of being left uninformed.

What Is the CICA Scheme?

The CICA scheme allows victims of violent crime in England, Scotland, and Wales to apply for compensation, even where the offender has not been convicted. It covers a wide range of injuries, both physical and psychological, resulting from violent crimes. This includes injuries suffered from assault, sexual offences, domestic abuse, and other acts of violence.

The scheme is not dependent on a civil claim against an individual or agency. It is instead funded by the government and assessed by the Criminal Injuries Compensation Authority according to a tariff-based system. As such, it can be used by victims to achieve financial compensation, even when those responsible are not viable to pursue financially. This means that many victims, it represents the only route to financial redress.

Who Should Be Telling Victims About the Scheme?

Under the Victims’ Code, victims of crime are entitled to certain rights from the moment they report a crime. Among those is the right to be informed about available support and services, including the CICA scheme.

Victims have a right to be told about these services and compensation routes at an early stage. Organisations such as Victim Support, the Crown Prosecution Service (CPS), and Police all have general obligations under the Victims’ Code to signpost victims appropriately.

However, there is a significant issue with how this right is managed. According to the Victims Commissioner website:

In my opinion, this lack of certainty means that nobody is held accountable or incentivised for ensuring that alleged victims of violent crimes receive this vital information. Without clear delegation of this duty, it is unsurprising that so many victims continue to be uninformed regarding the scheme.

The Scale of the Problem

The late Baroness Newlove of Warrington, former Victims’ Commissioner for England and Wales examined this issue in detail. In her 2019 report ‘Compensation without Re-Traumatisation’, Baroness Newlove found that:

These findings align with my personal experience of aiding clients with their CICA applications. Many individuals I speak to recall only being told about the scheme through a therapist or friend, often many years after they were the victim of a crime.

Strict Time Limits Compound the Problem

Compounding this problem is the CICA’s strict two-year time limit. As a general rule, applications must be made within two years of the crime having occurred. Exceptions to this apply when the victim is under 18, or when an application is made concerning historical violence. In these cases, applicants have two years from turning 18 years old or from the crime being reported to the police, respectively, in which to make an application. Whilst there is some discretion to extend this period in exceptional circumstances, such extensions are by no means guaranteed.

For victims who are not informed early on about the scheme, this time limit can pass without them ever having the opportunity to apply. By the time they become aware of CICA, the window has closed.

More Needs to Be Done

Between the lack of awareness and the strict time limits for applications, a significant number of eligible individuals miss out on compensation, not because they do not qualify, but simply because they were not properly informed of the scheme.

It is clear that the current approach is flawed. Whilst the Victims’ Code sets out the rights of victims on paper, the absence of any designated responsibility for informing victims about the CICA scheme creates a lack of accountability. Greater publicity is needed regarding the scheme, along with and enforceable obligations to ensure that every victim of violent crime is told about the CICA scheme at the earliest opportunity.

Furthermore, consideration should be given to extending the two-year time limit for applying for compensation. Many individuals are advised to delay applying for compensation while a criminal investigation is ongoing, for fear of jeopardising a criminal investigation or the chances of a conviction. Looking at Government statistics from the third quarter of 2024, the mean time between an offence being committed and a conviction at Crown court was over 700 days. If individuals are advised to wait until the conclusion of criminal proceedings before applying for compensation, many become ineligible before they have a chance to apply. As such, extending the time limit for applications would be hugely beneficial to ensuring people receive the compensation they deserve under the Scheme.

How We Can Help

If you have been a victim of crime and believe you may be entitled to compensation through the CICA scheme, our specialist team may be able to assist you. Please do not hesitate to contact us for a confidential discussion about your circumstances. Either call us on 01254 606008, or contact us through our online chat below.