If your CICA application has been refused and you want to know what you can do, then read this real-life case study and contact our team for a free consultation.
Our client (who for confidentiality reasons we will refer to as ‘S’) was subjected to “non-contact” abuse by a family member. He forced her to watch videos of him committing acts of depravity against others, threatening her with rape if she did not comply. He stalked her as well, standing outside her house for hours at a time.
The criminal prosecution was complicated and long-running, involving a number of victims. It took over four years to come to the Crown Court.
The police officer in charge of the case asked S to delay making her application to the government’s Criminal Injuries Compensation Authority scheme as he didn’t want this to to prejudice the prosecution of a dangerous sexual offender. She duly complied with his request.
The trial was harrowing for S. However, the offender was convicted, and she then made her application to the CICA promptly.
However, she was devastated to learn that her application had been rejected by the CICA because it had been made outside the required time limit. In addition, the CICA said she had not provided sufficient evidence of the psychological harm she had suffered.
S contacted us for a free consultation. Having listened her story, CICA expert Elizabeth Duncan agreed to help on a No Win No Fee basis.
We gathered evidence to support S’s case in relation to the time limit violation, showing that S had been asked not to take any action while the court case was ongoing. We were also able to show that there was sufficient evidence to prove each aspect of the application.
It can be problematic for some CICA applicants where the conduct in question does not involve direct physical abuse. If an offence does not involve physical violence, then there is a requirement under the CICA scheme that it involves threats that cause ‘fear of immediate violence’.
We have dealt with a number of similar cases (including this successful claim on behalf of a victim of stalking) and Elizabeth was confident that in this instance S was entitled to CICA compensation.
We therefore put together an application to the CICA for review by a more senior decision maker. We also arranged for S to be assessed by a clinical psychologist who was able to confirm that she had indeed suffered a disabling psychological injury as a result of the crimes she had endured.
The review was successful and resulted in S receiving a five-figure award of criminal injury compensation.
How we can help if your CICA application has been refused
We specialise in CICA reviews and appeals. So, if your CICA application has been rejected then contact our confidential helpline to arrange a free consultation with a specialist lawyer about the best way forward.
We offer a range of funding options, including No Win No Fee.