The criminal injuries compensation scheme

Abstract

PurposeThis paper seeks to provide an analysis of historic and current criminal injuries compensation schemes in Great Britain.Design/methodology/approachThe paper aims to explain the nature of the Criminal Injuries Compensation Authority (CICA) that administers the present scheme and to identify the qualifying criteria to establish eligibility for awards of compensation and obstacles to success. It deals with the nature and amounts of the awards available, the evidence gathering process, causes of delay and impediments to the achievement of fair outcomes. In the context of cases of serious injury, including acquired brain injury, it examines specific problems that are likely to be encountered and a perceived inadequacy of the compensation available to victims of such injury. The paper considers the involvement of the National Health Service in cases where applications for compensation are made and the possibility that medical professionals might inadvertently hinder the chances of a fair award. The position of local authorities and social services departments is also addressed, as is the danger that proper claims for injured victims might not be identified.FindingsFrom the point of view of the victim of crime who is faced with making an application to CICA, the problems that they face lie with the process, the possibility of being refused on technical grounds, limits on compensation, gaps in the scheme – which might leave victims or their relatives going uncompensated or under‐compensated, and finally the lack of financial support with the cost of representation where it is needed. Of equal concern is the fact that the description of the circumstances of the assault and the injuries suffered can be crucial to ensure that full, proper, and relevant evidence gathering is undertaken. Without suitable skills, it is very easy for the lay applicant inadvertently to mislead, or to give the CICA the opportunity to reject or under‐compensate.Originality/valueThis paper provides a detailed analysis of CICA and reflects upon what the future might hold for injured victims of crime.