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Frequently Asked Questions (FAQ)

  1. Do I need legal advice or representation?
  2. Does the Tribunals Service provide legal advice or representation?
  3. What do I do if I have more documents to send in?
  4. What do I do if I cannot meet a timescale set by the rules or a direction of the Tribunal?
  5. Can I claim for loss of earnings or other financial losses caused by the incident?
  6. Once a hearing is granted, how is it arranged?
  7. How long will it take before my appeal is heard?
  8. I do not want to come into contact with the person who injured me. What can I do about this?
  9. How much notice will I be given of my hearing?
  10. Will I have to attend a court of law?
  11. Where will my appeal be heard?
  12. Can you tell me if my hearing will take place at the time stated as I have to collect my children from school?
  13. Can I apply for the hearing to be postponed?
  14. Will you pay my expenses for attending the hearing?
  15. What evidence do I need to claim loss of earnings as a result of attending the hearing?
  16. When will I receive payment of my expenses or earnings lost as a result of attending the hearing?
  17. I was given a copy of the Tribunal´s decision at my hearing. How can I get a detailed explanation of the reasons?
  18. I wish to make a complaint. What should I do?
  19. I believe the Tribunal´s decision is wrong. What should I do?
  20. Where can I find the reports of Judicial Reviews relating to the Criminal Injuries Compensation Scheme?
  21. Does the Tribunal´s actions come under the responsibility of an Ombudsman?

1. Do I need legal advice or representation?

The Tribunal rules allow you to represent yourself or be represented by a solicitor, welfare rights advisor or someone else of your choice such as a trusted friend. There is no need to seek legal advice or representation. You can do if you wish, but please note that legal costs cannot be paid under the Scheme.

Independent research has shown that the outcome of an appeal is not affected by representation.

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2. Does the Tribunals Service provide legal advice or representation?

We do not provide or pay for any legal advice or representation. You can obtain free advice from your local Citizens Advice Bureau, Law Centre or Victim Support Office. Alternatively, you may wish to contact a solicitor. If you do not have a solicitor the Community Legal Service helpline or website can help you find one.

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3. What do I do if I have more documents to submit?

You must send copies to both the Tribunal and the Authority at the addresses stated below. The Tribunal Rules require you to send any documents you have in support of your appeal with your Notice of Appeal. You must send any further documents or arguments within 1 month of the date on which the Authority sends you their response. If you cannot meet this timescale see Q4 below.

Please keep a copy of any further documents you send to us and the Authority.

Tribunals Service
First-tier Tribunal (Criminal Injuries Compensation)
Wellington House
134 – 136 Wellington Street
Glasgow
G2 2XL

Fax: 0141 354 8556

Criminal Injuries Compensation Authority (CICA)
Tay House
300 Bath Street
Glasgow
G2 4LN
DX: GW 379

Fax: 0141 331 2287

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4. What do I do if I cannot meet a timescale set by the rules or a direction of the Tribunal?

The Tribunal can decide not to take into account documents that have not been supplied promptly or in accordance with Tribunal Rules. If you need more time, write to us to request an extension of time. Tell us why you need more time and how much longer you will need. Your application will be considered by a Tribunal Judge or Member.

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5. Can I claim for loss of earnings or other financial loss caused by the incident?

This depends on whether the Scheme under which you are applying allows it. See the relevant Scheme details.

The basic rule is that you cannot apply for loss of earnings or special expenses (for example the cost of medical, optical or dental treatment or care costs) unless you have been unable to work for at least 28 weeks from the date of the injury. See the Criminal Injuries Compensation Authority´s "guide to loss of earnings and special expenses"

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6. Once a hearing is granted, how long will it take to hear my appeal?

Once we have told you that a hearing will take place, we will write to ask about your availability to attend. We will then fix a hearing for the next available date on which you and any witnesses are able to attend.

Our guidance booklet "Criminal Injuries Compensation – Your appeal" and related DVD explains the hearing process in more detail.

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7. How long will it take before my appeal is heard?

Once we have told you that a hearing is necessary in your case we aim to hear your appeal within 6 months.

If a hearing is not necessary we aim to decide your appeal within 4 months of admitting it as a valid appeal.

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8. I do not want to come into contact with the person who injured me. What can I do about this?

The names of witnesses to be invited to any hearing are shown on the summary enclosed with the Authority´s response bundle.

Where the person alleged to have committed the crime is named as a witness we ask them whether they want to attend the hearing. We only give them details of the time and place of the hearing if they tell us they want to attend. In our experience they rarely do.

If the person who injured you is named as a witness and you do not want to meet that person, let us know. We can arrange separate waiting accommodation for you and we can make arrangements to ensure that there is no possibility that you will meet the person who injured you.

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9. How much notice will I be given of my hearing?

You will be given at least 14 days notice of your hearing. We may occasionally ask if you can come to a hearing at short notice to take advantage of a cancellation, but we cannot require you to do so.

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10. Will I have to attend a court of law?

Criminal Injuries Compensation appeals are decided by a Tribunal, not a court of law, although very occasionally we may hold hearings in court accommodation. A panel of at least 2 Tribunal Judges/ Members, who are qualified and experienced in Criminal Injuries Compensation cases, will hear your appeal.

Hearings are kept as informal as possible. However the issues to be decided are serious and the panel must have the full facts to reach a sound decision. The panel, the Authority´s representative, and you or your representative, can ask questions of any witness in attendance.

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11. Where will my appeal be heard?

We hold hearings across the UK at Tribunals Service hearing centres and very occasionally at courts. We try to arrange hearings at a convenient venue for those attending. We will send you a map and details of how to get to the hearing venue when we confirm the hearing date and time.

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12. Can you tell me if my hearing will take place at the time stated as I have to collect my children from school?

Everything possible will be done to list your case appropriately for your circumstances, and arrange for your case to start on time, but sometimes there are delays. Please inform the clerk if you need to leave by a particular time.

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13. Can I apply for the hearing to be postponed?

Yes, in certain circumstances your hearing can be postponed as explained by the Tribunal´s practice direction, but once a hearing date has been fixed, the appeal hearing will not normally be postponed. See Practice Statement CPD5 – Listing of appeal hearings; postponement of hearings.

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14. Will you pay my expenses for attending the hearing?

We will pay reasonable costs for travel, subsistence, babysitting/care costs, loss of wages or salary.

We will pay:

If you currently receive state benefits we can arrange for a rail ticket to be sent to you or a provide you with a payment advance to cover your expenses.

We will not pay professional fees for legal representation.

We will pay for car parking if you (or your witness) are disabled and you have an approved disabled badge and where you cannot reasonably travel to the hearing centre by public transport.

We will send you detailed guidance on claiming expenses with confirmation of your hearing date. You can also look in your guidance booklet.

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15. What evidence do I need to claim loss of earnings as a result of attending the hearing?

You should provide a letter from your employer giving details of net earnings lost as a result of attending the hearing.

If you are self employed we will accept a copy of your latest tax return, a letter from your accountant; or a letter from a contractor (for whom you would have worked on the day of the hearing) where there is an ongoing contract.

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16. When will I receive payment of my expenses or earnings lost as a result of attending the hearing?

Provided all the documentation is in order, we aim to pay expenses within 28 days of receiving your claim.

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17. I was given a copy of the Tribunal´s decision at my hearing. How can I get a detailed explanation of the reasons?

Write to us at the address below within 1 month of the hearing and request an explanation. We aim to send written explanations within 1 month of receiving your request.

Tribunals Service
First-tier Tribunal (Criminal Injuries Compensation)
Wellington House
134-136 Wellington Street
Glasgow
G2 2XL

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18. I wish to make a complaint. What should I do?

You can speak to a member of staff at your hearing or contact the office dealing with your appeal by e-mail, letter or fax. We aim to respond to you in full within 10 working days. The leaflet below explains how we will respond to your complaint or any other feedback about our service.

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19. I believe the Tribunal´s decision is wrong. What should I do?

Normally, the Tribunal´s decision is final. Where in accordance with the Tribunal´s rules, the decision may be reconsidered and we will let you know if this is the case. If in doubt, write to us as soon as possible.

If you consider the final decision of the Tribunal to be wrong in law you may apply for Judicial Review of the decision. Depending where your appeal was decided, you must apply to the Upper Tribunal (England and Wales) or the Court of Session (Scotland) in the first instance. For further information, refer to the Practice Statement CPD6 on our website or ask us for a copy.

Strict time limits usually apply.

An application for Judicial Review can be complicated. If you wish to make an application for Judicial Review:

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20. Where can I find the reports of Judicial Reviews relating to the Criminal Injuries Compensation Scheme?

The Case law section of this website provides reports of important Judicial Review decisions relating to the Criminal Injuries Compensation Scheme.

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21. Does the Tribunal´s actions come under the responsibility of an Ombudsman?

Only the administrative elements – not the decisions made by the Tribunal. The Parliamentary Commissioner for Administration (the Ombudsman) oversees the administrative work of the Tribunal. The Ombudsman is responsible for investigating complaints of poor administration. If you want to make a complaint to the Ombudsman in England and Wales, you should ask your MP to do this for you.

If you want to complain to the Scottish Public Service Ombudsman, you should write to:

Scottish Public Services Ombudsman (SPSO)
4 Melville Street
Edinburgh
EH3 7NS

OR Freepost

Scottish Public Services Ombudsman (SPSO)
Freepost EH641
Edinburgh
EH3 0BR

Tel: 0800 377 7330
Fax: 0800 377 7331
Email: ask@spso.org.uk
Website: www.spso.org.uk

You should usually make a complaint to the Scottish Public Service Ombudsman within 12 months of the matter you want to complain about. You can also write to your member of the Scottish Parliament and ask him/her to take up your complaint with the Ombudsman for you.

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