Criminal injuries compensation ??!!

[thisisasurvivor]

Hello all

Many of you will remember previous threads about criminal court and an abusive ex who tried to kill me

Surprise surprise he got off Scot free
What a shocker 😳

Anyway friends said I should apply for criminal injuries compensation

I have sent off a few things to them and now starting to wonder what the point is??

A few pound would cover valuable therapy I can't now afford

Some family say I may get 100/200 pounds if lucky (my injuries were broken ribs , wrist broken etc)

Anyway just wondering if it's worth pursuing or just a waste of energy ??!!!

Please go easy on me I'm just wondering that's all

Absolutely apply yourself. Solicitors will take money for what is designed to be straightforward and I believe Victim Support can help too.
There is a slidng scale of compensation for injuries, including mental health.
You do not have to have had a conviction for the perpetrator as the decision is made on the balance of probabilities.
However there is a penalty point system in play whereby if you have a criminal conviction your claim will be reduced.
There is a small bereavement payment to parents/partners of victims of crime.
The CICA is part of the Civil Service and the payments are set by Parliament.

I got 2k 20 plus years ago for an unprovoked attack that resulted in a broken hand. So you should definitely apply and see what happens. Good luck

Thanks so much all

I remember watching a programme about a young guy who was murdered and the police mentioned to the family they can apply for compensation as their son should have been kept safe while he went about his daily life

It really made me so sad as his family just wanted him back

Just an aside but something that still weighs heavy on my mind !!!!!

@thisisasurvivor I just want to say I remember your thread and I cannot believe he's got away with it 😡😡

Of course he did

I was set up to be a lier

The judge was an idiot

My cps barrister was stressed and under prepared

New evidence was prodouced in which he admitted most of the attacks

He fcking got off with every single thing

If anyone wants to help me speak out about this farcical justice system please do

They know NOTHING about coercive control it is disgusting!!!!!!!!!

Will keep you all updated and thanks as always

I have just applied. Took me about an hour as I had to stop to throw up part way through😥
Fingers crossed we both get something OP.

Wow are you ok?

It brings back raw memories

Not heard back yet but who knows

Since the fcker got off Scot free I'm wondering if this will be unlucky too

These abusers and rapists need to all go and jump off a large cliff

I'm ok not ok if you know what I mean.

Yeah writing it all down in black and white yet again on top of the daily flashbacks and intrusive thoughts... awful... but he's happily sat there in his new life surrounded by all the money he ran off with and starting the cycle of abuse again with his new supplies. He needs locking up he's a danger to society. Grrrr 😡

Police actually told me I had plenty of evidence for CICA compensation, just not enough to convict him. Crazy.

Wtaf

This system is so screwed

And so in favour of these abusers

Sorry I know this is an old thread. How long did everyone’s claims take?

Well I heard back and it was a no

As I did. Not have a diagnosis of PTSD from a psychologist it was just from my GP

I need to appeal it

Hi OP, I'm sorry they rejected it, so common. I'm a lawyer and deal with lots of CICA tribunals. Happy to give some free advice about what you need to do if you would like. Just drop me a DM.

Yea please that would be wonderful

No problem, just pop me a message and I'll let you have my work number and information so you can see who I am and what I do.

It's an absolutely SHOCKING system it really is. Supposed to be straight forward for the victims of crime and it is anything but far too often.

You've not got ever so long to get your application for review/appeal notice in so let's have a chat asap.

Hang in there.

The diagnosis from a psychiatrist or psychologist is a necessary part of qualifying.
Don't be disheartened. Use the review to lay out your issues and provide evidence.
If you've got enough evidence behind you, the CICA can refer to their in-house psychologist team. Even if they don't and you go to tribunal, the tribunal may adjourn to get you seen by psychologist.
Happens all the time. Don't worry. Just keep going.

Wow thanks all so much

Do you need a psych report if you're not claiming for PTSD specifically? I put in a claim for years of rape and sexual assault around the same time as the OP, not heard anything yet but I know it takes ages. I reported it to the police and he was arrested but of course there wasn't enough evidence to charge him despite text messages from him raging at me for daring to be upset I was physically hurt by what he did and wanting time to heal before he hurt me again.

There are two sections of the scheme's "tariff" (the section where they set out what acts of abuse and injuries are compensated under the scheme and the amount they pay for each) that are possibly applicable in sexual assault applications - one is based on the facts of what happened so e.g. there is a set amount for a single incident of rape, a set amount for repeated incidents over various periods of time etc. The other possibly relevant section of the scheme is for "disabling mental injury", the psychological impact (doesn't have to be PTSD specifically). There's a pretty narrow definition of disabling mental injury in the scheme and also if you are claiming that it has to be confirmed by diagnosis and prognosis from either a clinical psychologist or a psychiatrist.

You don't get both the tariff amount for the facts of the abuse AND the disabling mental injury, you get whichever is higher in the tariff.

So for example the tariff amount for a single incident of rape is £11,000. In order to get a higher amount for disabling mental injury it would need to last for at least 5 years (£13,500) or be permanent (£19k, £22k or £27k depending on severity).

Another reason to possibly get a psych report is that can be a gateway to receiving something under the scheme for lost earnings. There are eligibility criteria for lost earnings bit of the SC but if you fit then it can add a lot.Under the scheme they don't pay anything for the first 28 weeks of being unable to work, week 29 onwards they pay the current rate of SSP. Horribly tight and doesn't in any way make up for what a person loses by being unable to work but can add around £5k per year to a claim. If psychologist said for example yous not been able to work for 5 years as a result of the abuse and it will take another 5 to be well enough to be able to work again then that's getting on for an additional £50,000.

Happy to chat through your particular situation free of charge to give you a steer if you would like, just drop me a message.

https://www.gov.uk/government/publications/criminal-injuries-compensation-scheme-2012

You can download a copy of the scheme here. Well worth having a look.

Page 15 & 16 - section 42 onwards - loss of earny
Page 47 - tariff re mental injury
Page 68 - tariff re sexual assault

@EdithDickie thanks for your detailed replies :)
I will drop you a private message if that's ok?

Yes absolutely

Very helpful xxx

Only thing to add that the loss of earnings can be a difficult one to get as the conditions are really strict (paragraph 43).
I'm not saying you wouldn't be eligible, but it's often not a realistic proposition. The scheme is regulated so there is no wiggle room. The Tribunal (if you get to appeal) can only go by the terms of the scheme so while lots of LOE claims (alongside injuries) get to Tribunal, only the ones that can demonstrate adherence with P43 (and evidence) get through.
Often the LOE back and forth really
slows down claims. I'd think seriously about whether you would qualify before proceeding with this head of claim.

My adult child was a victim of hit and run moped joyrider on a stolen bike wearing a balaclava, while crossing a road on a crossing, very bruised face and hand not broken but has had to leave uni as they cannot leave the house anymore due to trauma. Police attended. Is this something they could claim for. Their life is in ruins at the time they should be having a ball at uni. The moped was found alight later.

Why not put it in and see what happens?