Time limitations of the Criminal Injury Compensation Scheme: Exploring recent injustice

The Criminal Injuries Compensation Scheme (CICS) provides financial support to victims of violent crime, including assault, abuse, and sexual violence. However, the scheme imposes strict time limits that victims must adhere to when applying for compensation. A recent case reported by the Daily Record highlights the frustration victims feel when they cannot access the compensation they are rightfully owed due to these procedural barriers.

In this article, we will explore the key time restrictions imposed by the CICS, the exceptions, and how recent rulings, such as the case in Scotland, are putting pressure on the system to reform.

The basic time limit: Two years

The Criminal Injuries Compensation Authority (CICA), which administers the scheme, generally imposes a two-year time limit from the date of the incident for victims to make a claim. This rule applies broadly to adults who have suffered injury, trauma or sexual assault as a result of violent crime.

In cases involving minors, the two-year period starts from their 18th birthday, giving them until the age of 20 to submit a claim. This extension accounts for the challenges young victims face in coming forward earlier, especially in cases involving complex trauma such as sexual abuse or domestic violence.

The two-year limit is strictly enforced by the CICA, meaning you need a good reason to ask them to overturn the rules, but as with most rules, there are some exceptions.

Exceptions to the Two-Year Rule

While the two-year time limit is strictly enforced, CICA has built in some flexibility to account for exceptional circumstances where victims may not be able to meet the deadline.

  1. Mental or physical incapacity: Victims who are unable to make a claim within the time limit due to severe mental or physical incapacity may be granted an extension. This exception is often invoked in cases of prolonged psychological trauma where the victim is not mentally prepared to come forward within the standard time frame.
  2. Delayed reporting of sexual abuse: Victims of childhood sexual abuse, in particular, may be allowed to submit a claim outside the normal time limits if it is demonstrated that there was a good reason for the delay in reporting the abuse or making the claim. The emotional burden and societal stigma associated with such cases often lead to delayed disclosures, and CICA recognises this in their decision-making process.
  3. Exceptional circumstances: CICA may also consider applications beyond the time limit if there are other “exceptional circumstances.” These cases are reviewed individually, but the victim must provide a compelling reason why they were unable to apply within the allotted time. These exceptions are rare and subject to intense scrutiny.

A recent case reported by the Daily Record highlighted the plight of a Scots rape victim who was denied compensation because of delay in her application, despite the severity of her ordeal. The case has sparked public outrage and calls for more leniency in the interpretation of time limits, particularly for sexual violence survivors.

Many argue that the rigid application of the two-year limit fails to consider the psychological barriers victims face when coming forward. Sexual violence survivors often struggle with feelings of shame, guilt, and fear of not being believed, which can delay their ability to seek help or justice. As seen in this case, some victims fall just outside the window and are then told that their pain and trauma do not warrant compensation.

The issue is further complicated by the varying responses victims receive from authorities and support networks. Delays in investigations or in accessing necessary support can contribute to a victim missing the deadline through no fault of their own. For many, this feels like a secondary injustice.

Counter-argument

The counter-argument is that there is a valid avenue of appeal to the CICA’s decisions, and that is through the First-Tier Tribunal, a part of the Court Service. A Tribunal panel has a wide discretion to make findings based on the facts of any case.

A call for change

The Criminal Injuries Compensation Scheme provides essential support for victims of violent crime, but its strict time limitations can sometimes leave deserving victims without recourse. While there are exceptions in place, they are often difficult to access and do not cover every situation, especially in cases of sexual violence where reporting delays are common.

As public pressure mounts, cases like the one recently reported in Scotland may lead to a broader re-examination of how time limits are applied and whether the system needs to be more flexible to ensure that victims of trauma, especially those of sexual abuse, are not left without the support they deserve.

The challenge moving forward is to balance the need for administrative efficiency with compassion for victims who may not fit into the rigid timelines imposed by current legislation.

GLP Solicitors, we’re here to help you

At GLP Solicitors, we specialise in handling CICA applications and appeals to the Tribunal, particularly in cases where victims have missed time limits due to exceptional circumstances. Our experienced team is dedicated to ensuring victims of violent crime receive the compensation they deserve, even in complex or challenging cases like the one discussed above.

If you or someone you know is facing difficulties with a CICA claim, please contact us for free initial advice or visit our website dedicated to CICA:

We are here to guide you through the application process and help with appeals where necessary, ensuring your rights are fully protected.