Frequently Asked Questions (FAQ)
- Do I need legal advice or representation?
- Does CICAP provide legal advice or representation?
- What do I do if I have more documents to submit?
- How is the hearing arranged?
- Can I claim for loss of earnings or other financial loss caused by the incident?
- Once a hearing is granted, how long will it take to hear my appeal?
- I do not want to come into contact with the person who injured me. What can I do about this?
- How much notice will I be given of my hearing?
- Will I have to attend a court of law?
- Where will my appeal be heard?
- Can you tell me if my hearing will take place at the time stated as I have to collect my children from school?
- Can I apply for the hearing to be postponed?
- Will you pay my expenses?
- What evidence do I need to claim loss of earnings as a result of attending the hearing?
- When can I expect to receive a cheque for my earnings lost as a result of attending the hearing?
- I received a copy of the Hearing Panels decision at my hearing but I would like to have a detailed explanation of the reasons. How can I get these?
- I wish to make a complaint. What should I do?
- I believe the Panel´s decision was wrong. What should I do?
- Where can I find the reports of Judicial Reviews of CICAP decisions?
- Do the Panel's actions come under the responsibility of an Ombudsman?
1. Do I need legal advice or representation?
There is no need to seek legal advice or representation. You may do but legal costs cannot be paid under the Scheme. The Scheme allows you to represent yourself or be represented by a solicitor, welfare rights advisor or someone else such as a trusted friend.
2. Does CICAP 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 Citizen 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.
3. What do I do if I have more documents to submit?
Contact the criminal injuries compensation Authority CICA at
Criminal Injuries Compensation Authority
Tay House
300 Bath Street
Glasgow
G2 4LN
DX: GW 379
Glasgow Freephone: 0800 358 3601
Fax: 0141 331 2287:
4. How is the hearing arranged?
An information booklet “Your Panel Hearing” will be sent to you once a hearing has been granted. Please read it carefully. It explains all relevant aspects of the hearing procedure.
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 paragraphs the Criminal Injuries Compensation Authority´s guide to Compensation for Loss of Earnings and Special Expenses 
6. Once a hearing is granted, how long will it take to hear my appeal?
Once an oral hearing is granted the criminal injuries compensation authority (The Authority) must prepare a hearing bundle containing the evidence for the hearing. The hearing bundle includes all the evidence the Authority considered when it reviewed the original decision and any additional information you or the Authority gather. It is usually ready within 6 months. But it can take longer in more complicated cases, for example, where loss of earnings is claimed or where further detailed is necessary.
When the hearing bundle is ready we will write to ask about your availability to attend a hearing. We will then fix a hearing for the next date on which you and any witnesses are able to attend. We aim to hear your appeal within 6 months of the hearing bundle being ready.
Our guidance booklet ‘Your Panel Hearing’ explains the hearing process in more detail.
7. I do not want to come into contact with the person who injured me. What can I do about this?
The names of witnesses invited to the hearing are shown on the hearing summary enclosed with the hearing bundle. The Criminal Injuries Compensation Authority will send this to you once a date has been fixed for the hearing.
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. If you wish a member of staff can meet you outside the hearing centre and take you into the hearing. In certain cases we can make arrangements to ensure that there is no possibility that you will meet the person who injured you.
8. How much notice will I be given of my hearing?
You will be given 3 weeks 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.
9. Will I have to attend a court of law?
The Criminal Injuries Compensation Appeals Panel is a tribunal not a court of law, although very occasionally we may hold hearings in court accommodation. A Panel of at least 2, and usually 3 people, will hear your case. One of them will be a lawyer.
Hearings are kept as informal as possible. For example, evidence is not taken under oath. 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. You may find the questions direct and sometimes probing but they should always be sensitive and courteous.
10. Where will my appeal be heard?
We hold hearings across the UK at Tribunal Service hearing centres and very occasionally at courts. We try to arrange hearings at the most convenient venue for you and any witnesses. We will send you a map and details of how to get to the hearing venue when we confirm the hearing date and time.
11. 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 on time.
12. Can I apply for the hearing to be postponed?
Yes, in certain circumstances as explained by the Chairman's practice direction. See Practice Statement CPD5 – Listing of appeal hearings; postponement of hearings.
13. Will you pay my expenses?
We will pay reasonable costs for travel, subsistence, babysitting/care costs, loss of wages or salary.
We will pay:
- Expenses for travel by train or bus between your home in England, Wales or Scotland and the hearing venue.
- Travel by private car (paying the public mileage rate) if there is no reasonable public transport available.
- Travel to the hearing for anyone who needs to come with you because you cannot travel alone or need an interpreter.
- The expenses of witnesses invited by the applicant provided that the Hearing Panel decides that the witness can give relevant evidence.
The Panel will not pay professional fees for legal representation.
The Panel 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 ‘Your Panel Hearing’ booklet.
14. 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 you should provide a copy of your latest tax return. 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.
15. When will I receive payment of my expenses or earnings lost as a result of attending the hearing?
Expenses of up to £20 will usually be paid on the day. Provided all the documentation is in order, we will pay other expenses within 28 days of the claim being approved.
16. I was given a copy of the panel´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 explanations within 21 days of recieving your request.
Criminal Injuries Compensation Appeals Panel11th Floor
Cardinal Tower
12 Farringdon Road
London
EC1M 3HS
17. 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.
18. I believe the Panel´s decision was wrong. What should I do?
If you consider the Hearing Panel´s decision was wrong in law you may apply for Judicial Review of their decision. You must apply to the Administrative Court (England and Wales) or the Court of Session (Scotland).
Strict time limits usually apply.
An application for Judicial Review can be complicated. You will find it helpful first to:
- seek independent legal advice
- request a written explanation of the Panel´s decision giving details of why you think the decision is wrong. You should do this within a month of the decision being made (see question 16 above).
19. Where can I find the reports of Judicial Reviews of CICAP decisions?
The Caselaw section of this website provides reports of important Judicial Review decisions relating to Criminal Injuries Compensation Appeals Scheme.
20. Do the Panel's actions come under the responsibility of an Ombudsman?
Yes. The Parliamentary Commissioner for Administration (the Ombudsman) oversees the work of the Criminal Injury Compensation Appeals Panel. 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:
The Scottish Public Services Ombudsman23 Walker Street
EDINBURGH
EH3 7XH
Telephone 0870 011 5378
Fax 0870 011 5379
If you should want to make a complaint to the Scottish Public Service Ombudsman, you should usually do this 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.
