Beyond the Time Limit: A Successful Appeal against the CICA – A Case Study
In our experience of abuse compensation, we have seen that surviving domestic abuse can have a profound psychological and emotional effect which can continue long after the abuse as ceased.
Under paragraphs 87 of the Criminal Injuries Compensation Scheme 2012, “an application must be sent by the applicant so that it is received by the Authority as soon as reasonably practicable after the incident giving rise to the criminal injury to which it relates, and in any event within two years after the date of that incident”.
Case Study
In this case study, the applicant was a survivor of domestic violence. The period of abuse began in 1998 and ended in 2001. The crime was reported to the police in 2021 and the application to the CICA was made in 2023.
Under paragraph 89 of the Scheme does allow a claims officer may extend the time limit specified in paragraph 87 where the CICA are satisfied that due to exceptional circumstances, the applicant could not have made an application earlier than they did.
In the case study, the CICA advised that they were unable to make an offer of compensation due to the application being made out of time. After assessing the evidence, Jordans submitted a right to appeal and the case was heard before the First Tier Tribunal.
The applicant explained that during the period of abuse they were coercively controlled and as a result they did not want to disclose the abuse to others. As a result, the applicant’s mental health deteriorated, and they were diagnosed with Complex Post Traumatic Stress Disorder. The effects of the abuse were compartmentalised by the applicant in the years after the abuse.
Upon considering the applicant’s evidence, the First Tier Tribunal allowed the applicant’s appeal and confirmed that the applicant had met the criteria outlined in paragraph 89.
It is important that the CICA recognises that survivors may not be emotionally or psychologically equipped to navigate the claims process within the prescribed limits.
Jordans believes that greater flexibility should be afforded to survivors of domestic abuse. This case study is a reflection of how a CICA decision is not the end of claim for an applicant. Even though the abuse was perpetrated over 20 years ago, specialist legal advice ensured that the evidence documented showed that the applicant’s circumstances were exceptional.
Contact Us
If you have been a victim of physical and/or sexual abuse and would like to speak to one of our Specialist Abuse Lawyers in confidence, please do not hesitate to contact us.
We have the knowledge and experience to advise you on the available options for pursuing a Criminal Injuries Compensation Claim.
Our Sexual Abuse Compensation Team can be contacted by telephoning 08009555094 or 03303001103.