The Criminal Injuries Compensation Authority (CICA) is a government organisation that awards payments to people who have been physically or mentally injured as a result of a violent crime.
Generally speaking, if a victim of violent crime lacks the ability to understand or to make decisions about the claim for compensation (they “lack mental capacity”), either because of the injury itself or some other diagnosis, then a parent / relative / friend cannot do so on their behalf without legal authority.
The CICA will progress claims by a parent / relative / friend on behalf of someone else if they are acting under a registered Enduring Power of Attorney or a Lasting Power of Attorney for Property and Financial Affairs.
Court of Protection meets the CICA
In the absence of these an application for authority to conduct, negotiate and conclude the CICA claim must be made to the Court of Protection. The Court helps people who are mentally incapable of making their own decisions by making decisions on their behalf for them about their money, property, health or welfare.
Anyone can apply to be appointed to make a claim, known as a “Deputy” but the Court will have final say about who it should be. Sometimes it is appropriate for a solicitor to be a Deputy if there is a sizeable award and complex care package to manage.
Applying to the Court of Protection about a CICA claim
The application includes: the application form, financial details form, a declaration, and a doctor’s certificate to confirm that the person cannot make decisions for themselves. It is important that these forms are filled in correctly and to include details of what powers are needed.
Is there a fee for applying to the Court of Protection for a CICA claim?
There is an initial fee of £385 payable to the Court, as well as other associated annual fees, but depending on the individual’s gross annual income and savings they may be eligible either to pay half the fee (a ‘remission’) or no fee at all (an ‘exemption’). Fees are normally paid from the individual’s funds but can be paid by you and then refunded at a later date.
How long does a Court of Protection CICA claim take?
It takes approximately 6 months for the Court to make the Order but once in place the Court’s permission is not required to accept an award unless expressly required.
The costs of a professional Deputy, if one is appointed, and the on-going annual costs by a non-professional Deputy can be included as part of the claim and can significantly increase the value.
For more information on claims to the Criminal Injuries Compensation Authority, visit our CICA compensation scheme page
What is the Brain Injury Group?
The Brain Injury Group exists to support individuals and families affected by brain injury and the health and social care professionals working in this specialist field. Our mission is to provide anyone affected by brain injury with access to advice on legal, financial and welfare benefit issues delivered by proven experts in the field who have been chosen not only for their skills and knowledge, but also for their passion and dedication to helping people.
How can Brain Injury Group help you?
If you would like advice about bringing a personal injury claim, capacity, deputyships or managing the award of compensation or any other aspect of brain injury welfare, legal or financial advice, we have specialist brain injury solicitors and Court of Protection solicitors who can assist.
You can find full details of Brain Injury Group members on our website or there are several ways to get in touch:
- Call us on 0800 612 9660 or 01737 852203
- Email us at [email protected]
- Complete this short enquiry form and we’ll get back to you
Produced by Neil Sugarman of GLP Solicitors
Neil has extensive experience of dealing with claims to the Criminal Injuries Compensation Authority and acts as deputy for clients who have received damages from the CICA. Neil is a solicitor at GLP Solicitors and deals with Court of Protection and general brain injury matters.
Brain Injury Group members GLP Solicitors are based in the North West of England but are able to assist clients throughout England.