Spotlight : Criminal Injuries Compensation Appeals Panel
Roger Goodier, Chairman of the Criminal Injuries Compensation Appeals Panel (CICAP), talks about the work of the panel and looks to its future as part of the unified tribunals service.
What is CICAP?
CICAP hears appeals from people against decisions made by the Criminal Injuries Compensation Authority (CICA) on claims for criminal injuries compensation. Both organisations are separate non-departmental public bodies. CICAP has an independent judicial function. The criminal injuries compensation scheme allows financial awards to be made:
- to recognise the injuries, both physical and mental, caused to victims of crimes of violence
- in certain circumstances, also to compensate for past or future lost earnings or special expenses caused by such a crime
- where death has resulted from a crime of violence, for bereavement and, in some cases, compensation to take account of the loss of earnings of the person who has been killed.
Before awards can be made, there may be issues of eligibility. For example, an applicant who has:
- failed, without delay, to inform the police of the injury;
- failed to assist in bringing an assailant to justice;
- unspent criminal convictions;
may not be eligible for an award or may have the normal award reduced. There may also be issues to resolve in establishing whether an applicant was the victim of a crime of violence – these can be particularly difficult in historic child and sexual abuse cases. CICAP's aim is to enable victims of crimes of violence to have their appeals decided sensitively, fairly and independently, in accordance with the scheme. Decisions of CICAP are final, but may be challenged by way of judicial review where appropriate.
What happened to the Criminal Injuries Compensation Board?
On 1 April 1996 the Criminal Injuries Compensation Board (CICB) split into three separate organisations – the Criminal Injuries Compensation Authority, the Criminal Injuries Compensation Board and the Criminal Injuries Compensation Appeals Panel. The CICB was phased out in 2000, handing over all cases to the CICA to administer, with CICAP's legally qualified adjudicators determining all applications made before April 1996 ("Old Scheme" cases), and CICAP's adjudicators determining appeals from CICA decisions in all other cases ("Tariff Scheme" cases).
The new "Tariff Scheme", for all applications made from April 1996, made changes to both the administration of, and the arrangements for, compensation for criminal injuries. The most significant changes are that a victim's damages for pain and suffering and loss of amenity have been replaced by a tariff of awards for the injury. The minimum tariff award is currently £1,000 and the maximum £500,000, and the awards relate to the injury rather than the applicant.
What is an average appeal hearing like?
A CICAP oral hearing will normally be decided by three of CICAP's panel of 94 adjudicators. One of the adjudicators will be a qualified lawyer, the other two members will usually be one medically qualified and one lay member. CICAP hearings take place at 14 venues in England Scotland and Wales. The appeal hearing itself is relatively informal. Evidence is not taken on oath, although truthfulness is paramount. Opinions are admissible in evidence, as is hearsay evidence. Hearings can take anything from a matter of minutes to several hours, depending on the complexity of the appeal. The scheme specifically provides that the appeal hearing is held in private. CICA is represented at the appeal by its own in-house Presenting Officer. A good number of applicants are unrepresented whilst others may be represented, for example by a friend, a representative of Victim Support, a law centre, a welfare rights body, solicitor or barrister. CICAP aims to reach the same decision, whether or not an applicant is represented.
How many cases does CICAP deal with in an average year and what is an area for improvement?
CICAP deals with around 4,500 cases a year. One of the criticisms levelled at the scheme is its propensity for delay. I have continued to prioritise the need to keep to a minimum the time between date of appeal and the final decision. Appellants are entitled to an early decision on their appeal as nobody benefits from unnecessary delay. In the last year, the number of outstanding appeals has reduced by 10%.
What does CICAP do to improve access for users?
The CICAP website (www.cicap.gov.uk) contains useful information for potential appellants and includes helpful guides on who can appeal, how to lodge an appeal, the make-up of the hearing, hearing locations and contact details. CICAP's informative and userfriendly booklet – Your Panel Hearing – is also distributed to all applicants after they have lodged their appeal.
Our Chairman, Lord Newton, recently commended CICAP's 'Good Practice Guide for Panel Members' as "an excellent example of good practice in appraisal". How important is the appraisal process in CICAP?
It is intended that appraisals will play an important role in the development of all panel members. We have adapted the Judicial Studies Board model on appraisal to suit our particular needs and adopted the scheme formally in early 2004. All panel members were formally appraised by the end of 2004. A number of other tribunal systems, committed to appraisal but not as far advanced as CICAP, are aware of our scheme and have sought our assistance in developing their own. Interestingly, none of the decisions made by CICAP adjudicators were overturned by an appellate Court during 2003 – 2004. In this increasingly litigious world, I regard that as a noteworthy achievement!
What changes lie ahead for CICAP?
CICAP will be among the first tribunals to be incorporated into the Department for Constitutional Affairs as part of the creation of a unified Tribunals Service. Planning for this important new development is well under way, with the Senior President (Lord Justice Carnwath) chairing the Tribunal Presidents Group meetings which I attend, and Roy Burke, CICAP's Chief Executive, playing a full part in the Tribunals Service Virtual Management Team, which brings together the administrations of those tribunals joining the unified service. A crucial and underlying objective will be to ensure that at all times the quality of decision making in CICAP cases remains of the highest standard.
(April 2005)