Forms & Guidance
This section includes the Notice of Appeal form that you must use when you appeal, as well as information about the appeal process.
Things to consider before you appeal
- You can only appeal against a review decision of the Criminal Injuries Compensation Authority (the Authority).
- The Criminal Injuries Compensation Appeals Panel (CICAP) is independent and separate from the Authority. The adjudicators who will decide your appeal take a fresh look at the case. They make decisions in accordance with the Scheme and the evidence presented and are not bound by any previous decision of the Authority.
- Decisions made by CICAP adjudicators may be more or less advantageous to you than the Authority’s review decision, or may be the same.
- Once you have lodged your appeal you may apply for an interim payment. An adjudicator will decide whether it is appropriate to make an interim payment and the amount of any such payment. Any interim payment will be deducted from the total amount of the final award once the appeal is finalised.
- If you appeal and later decide that you want to withdraw your appeal, you will not automatically be entitled to any amount previously awarded by the Authority. Consent to withdraw an appeal will often depend on whether there is new evidence or a change in circumstances since the Authority’s review decision. For example, you may not receive the full or any award made by the Authority if you are later convicted of a criminal offence.
- If you are not sure whether to appeal the Authority’s decision, you may find it helpful to talk to one of the people listed under contacts.
Further guidance
- The Victim Supportline – victim supports national helpline is 0845 3030900 or find your local branch on www.victimsupport.org.uk
- Your local citizens advice bureau (CAB) – www.citizensadvice.org.uk.
- Welfare Rights Solicitors – the community Legal Service helpline or website can help find an advisor in your area www.clsdirect.org.uk or 0845 3454345.
When to Appeal
We must receive your completed Notice of Appeal within 90 days of the date of your review decision letter. If you cannot meet this deadline go to the section Extending the 90 day Time Limit below.
How to appeal
Fill in the appeal form you received with the review decision letter. Or, to type out the document, click on the form below and download it to your computer.
- Appeal Form
(6kb)
You must give:
- your reasons for appealing
- the case reference number shown on the review decision letter
- your current address and, if you have one, a telephone number where we can reach you during the day
- the name, address, telephone number and reference of your representative if you have one. We will send all letters and documents about your appeal to this representative until you tell us in writing that you have changed your representative or no longer have one.
- a list of any documents you intend to send in support of your appeal. This could include for example reports or photographs. If you are still waiting to receive documents from someone else, tell us when you expect to send them. Unless you need these documents to help you to decide whether or not to appeal do not wait until you have them to send in your appeal form.
- You must sign the form yourself even if you have a representative
- Send the form and any supporting documents to:
Criminal Injuries Compensation Appeals Panel
CICAP
11th Floor, 12 Farringdon Road
London
EC1M 3HS
Fax: 020 7549 4643
Extending the 90 day Time Limit
We may consider an extension to the 90 day time limit if:
- the request is made within 90 days of the date of the review decision
- it is based on good reasons and
- it would be in the interests of justice to extend the time limit
Example: If you are waiting for further medical reports that you must see before deciding whether or not to make an appeal then we may consider granting an extension whilst you wait for the documents to come to you.
If the 90 days has not yet passed, you can write to ask for an extension to:
Criminal Injuries Compensation Appeals Panel
CICAP
11th Floor, 12 Farringdon Road
London
EC1M 3HS
Fax: 020 7549 4643
Tell us why you need more time and how long you will need.
We aim to consider your request within 5 days of receiving it. If we grant an extension we will write telling you the new date by which we must receive your appeal. In some circumstances, your request will be referred to an adjudicator for a decision. If this applies to your application we will write to tell you. We aim to notify you of the adjudicator’s decision and the reason for it within 12 weeks.
If the 90 days have already passed you should tell us on your appeal form why you could not send it to us earlier and why it would be in the interests of justice to accept the appeal out of time, and send any documents you have in support of your reasons.
What happens once you have sent in your appeal form
The next step depends on the type of review decision you are appealing.
- If you are appealing because the authority refused:
- to consider your case because of a time limit or
- to re–open your case because your medical condition has changed
CICAP’s Chairman or another adjudicator nominated by him will decide your appeal.
We will write to confirm that we have received your appeal and ask you to provide any more evidence you want taken into account. We give you 21 days to do this. We will also ask the Authority for copies of the documents they used to make their review decision. The adjudicator will make a decision on these documents and any other documents you have sent us. If necessary we may ask you or the Authority to provide further documents.
We will write to tell you the adjudicator’s decision and the reason for it. We aim to do this within 12 weeks of receiving your appeal. The decision of the adjudicator is final.
If we grant your appeal your application will be sent back to the Authority to decide whether you should receive compensation and if so, how much.
If you are appealing because the Authority
- did not award you any compensation or
- you are not happy with the amount of compensation awarded
We will decide whether your appeal should have an oral hearing.
In straightforward cases we aim to tell you whether an oral hearing has been granted within 5 days of receiving your appeal.
If you have appealed outside the 90 day time limit and in some other cases, your appeal will be referred to an adjudicator to decide whether your appeal should have an oral hearing. We will write to tell you if this applies to your appeal and give you 21 days to send us any further documents you want the Panel to consider.
We will ask the Authority for copies of the documents they used to make their review decision. The adjudicator will make a decision based on these documents and any other documents you have sent us. If necessary we may ask you or the Authority to provide further documents.
If the adjudicator decides not to accept your appeal out of time or that an oral hearing is not necessary, he or she will make a decision on your appeal. We will write to inform you of the adjudicator’s decision. We aim to do this within 12 weeks of receiving your appeal. The decision of the adjudicator is final.
The Hearing Process
For information about what happens if we decide that your case should have an oral hearing
click on our guidance booklet below
Publications.
We will send you or your representative a copy of the guidance booklet and DVD when you lodge your notice of appeal
- Watch our online video
- Take a look at our new 'Your Panel Hearing' online video.
For more help You can also refer to:
