Criminal injuries compensation.
If you are the relative or a dependant of someone who died as a result of a criminal injury sustained in Great Britain, you may be able to get compensation from the Criminal Injuries Compensation Authority (CICA), under the Criminal Injuries Compensation Scheme.
This section explains how the scheme works and who is allowed to claim. However, if the death happened abroad, you will not be eligible for any compensation under this scheme.
Please refer to the Foreign and Commonwealth Office Guide for
Bereaved Families .
If the death happened in a country which is a member state of the European Union, CICA’s EU Compensation Assistance Team (EUCAT) can provide practical help and advice about the compensation scheme that is in operation in the country where the injury took place. They can also help you to apply for compensation from that country as long as:
• injury took place on or after 1 July 2005 in a violent crime
• the crime took place in an EU country
• you are resident in the UK.
Contact CICA’s EU Compensation Team for further details.
Call: 0800 358 3601
Email: eucat@cica.gsi.gov.uk
go to www.cica.gov.uk
Claiming compensation
The type and amount of compensation that you might qualify for depend on your personal circumstances.
Claiming the bereavement award
The bereavement award is a fixed payment of £5,500. If you are the only qualifying claimant, the payment doubles to £11,000.
You may qualify for the award if you are:
• a spouse or a civil partner, and you lived with the person immediately before they died
• an unmarried partner who lived with the person as husband or wife (or as a same sex partner) for at least two years before they died
• a person who would have been living with the deceased but infirmity or ill health prevented it
• a parent of the person who died (either a natural parent or someone who was accepted as a parent by the victim) – provided you were not estranged from them when they died
• a child (of any age) of the person who died (their natural child or someone accepted as their child by the victim) – provided you were not estranged from them when they died.
If you were financially dependent on the person who died
If you depended on the person financially immediately before they died, you may also be entitled to additional compensation. The amount you might get depends on how dependent you were.
However, if the deceased person’s income came from benefits, you will not be entitled to compensation.
If you were under 18 when the person died.
If you were under 18 when the person died and were dependent on them for parental support, you may also be entitled to additional compensation.
If you witnessed a crime
You can also apply for additional compensati.on if:
• you suffered from a mental injury because you saw a loved one receive fatal injuries;
or
• you were closely involved in what happened immediately after the incident.
How to apply.
You must apply for compensation within two years of the incident. This time limit may be waived but only in limited circumstances.
CICA will decide whether you are eligible for the award. Please note that they may reduce or refuse claims on the grounds of your, or the deceased person’s, behaviour or criminal convictions.
For an application form, details of other documents you will need or for more information, contact CICA .
Write to:
The Criminal Injuries Compensation Authority
Tay House
300 Bath Street
Glasgow G2 4LN
Call: 0800 358 3601
Calls are free
go to www.cica.gov.uk
Getting help with your claim .
When you apply for criminal injuries compensation from CICA, you can get free advice from:
• CICA – call 0800 358 3601
• Victim Support – call 0845 30 30 900 or
go to: www.victimsupport.org.uk
• Citizens Advice – Go to: www.citizensadvice.org.uk.
If you choose paid representation, CICA cannot meet the costs of this.
Legal support .
This section explains how to get the help and support you might need with any legal issues that are linked to the death.
Getting legal help.
Get free legal advice and support from the Legal Help scheme.
The Legal Help scheme gives you basic advice from a solicitor on almost all legal issues. The solicitor will be able to advise you in writing and in person, and will also write letters, negotiate or obtain a barrister’s opinion.
If you receive Income Support, income-based Jobseeker’s Allowance or Pension Credit, you automatically qualify for legal assistance. If you are on a low income and have little money you may still qualify for support.
To find out more about the scheme and to get free legal information, help and advice, contact Community Legal Advice .
You can also order a leaflet explaining the various forms of legal aid available from them.
Call: 0845 345 4 345
Go to: www.communitylegaladvice.org.uk
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Get help with legal problems arising from a criminal case from the Community Legal Service.
The Crown Prosecution Service (CPS) pays for the cost of prosecuting a murder or manslaughter case. However, you may also face other legal problems as a result of the crime such as a divorce, child matters, civil action, debts, eviction or problems at work.
If you need a solicitor to solve these legal problems, you may be entitled to support from the Community Legal Service fund to pay your legal costs.
Call: 0845 608 1122
Go to: www.legalservices.gov.uk
Get legal advice concerning a child.
If you need specific legal advice about who a child should live or have contact with, there are many people you can contact.
• Talk to a solicitor who specialises in Children Act work. You can get a name and address from the Law Society’s Children Panel .
Call: 020 7242 1222
Go to: www.lawsociety.org.uk.
You can also find the contact details of a local solicitor in the Yellow Pages or the Solicitors’ Regional Directory which you may find at a public library.
• Contact your local Citizens Advice Bureau . To find details of your nearest bureau, see their website.
Go to: www.citizensadvice.org.uk.
• Contact Community Legal Advice .
Call: 0845 345 4 345
Go to: www.communitylegaladvice.org.uk
• Contact your local Law Centre .
To find your nearest Law Centre, look in your local phone directory or check the Law Centres Federation website.
Go to: www.lawcentres.org.uk.
Getting financial help from the Legal Aid scheme.
If you need further help, perhaps to bring court proceedings, the Legal Aid scheme may be able to fund your legal costs.
How do I qualify for support?
A solicitor, or a member of a Law Centre or Citizens Advice Bureau, will be able to tell you if you have a reasonable case and whether you will qualify for support. This will depend on the type of case, the merits of your case and how much money you have. You must also show that you have reasonable grounds for taking, defending or being a party to these legal proceedings.
Please note that even if your income is above the specified level, you may still be eligible for legal aid – however, you may be asked to contribute towards your legal costs.
How do I apply?
If a solicitor is willing to act for you, they will be able to apply for funding on your behalf. To find out which solicitors undertake Legal Aid work, look in the Community Legal Service Directory, which you can find in most reference libraries.
You can also contact the Community Legal Service .
Call: 0845 608 1122
Go to: www.communitylegaladvice.org.uk
Do I have to pay any of it back?
If you qualify for Legal Aid, all or part of your legal costs will be paid by the Community Legal Service fund. However, the Legal Services Commission has decided that anyone who gains or keeps money or property with the help of Legal Aid may have to repay some, or all, of the legal costs.
This means that your funding acts as a loan, and this is known as the statutory charge. However, the repayment may be postponed if the outstanding debt is registered against your property as security. Make sure that your legal adviser explains this to you before you proceed any further.
Useful contacts for getting legal support
Law Centres
Law Centres provide free, independent and professional legal advice.
To find your nearest Law Centre, look in your local telephone directory or check the Law Centres Federation website.
Go to: www.lawcentres.org.uk.
Law Society
The Law Society is the professional body that all solicitors belong to. They can give you details about solicitors in your area.
Write to:
The Law Society
113 Chancery Lane
London WC2A 1PL
Call: 020 7242 1222
Go to: www.lawsociety.org.uk.
Citizens Advice
The national Citizens Advice and its local Citizens Advice Bureaux can help you resolve legal, money and other problems by providing free, confidential and impartial information and advice.
Write to:
Citizens Advice
115–123 Pentonville Road
London N1 9LZ
Go to: For online advice: www.citizensadvice.org.uk.
For contact details of your nearest bureau:
Go to: www.citizensadvice.org.uk.
Finding out if you are entitled to any benefits.
When you have lost someone close, it is important to find out if you are entitled to any welfare benefits. You may be entitled to Bereavement Benefits.
If you now have less money coming in, you may also be able to claim a benefit such as Income Support or Council Tax Benefit.
For help with understanding the benefits system and to talk through your entitlements, contact
Jobcentre Plus .
Go to: www.jobcentreplus.gov.uk
Call: 0800 055 6688
Textphone: 0800 023 4888
You can also get advice about benefits from your local Citizens Advice Bureau .
Go to: www.citizensadvice.org.uk.
Making a complaint.
Although criminal justice agencies try to provide a good and consistent standard of service, you may sometimes not receive a sufficient level of support, information or advice from them.
It is important that you are aware of your rights and know that you can make a complaint to the organisation in question.
Complaining about your experience at court.
Complaining about the service at court.
If you want to complain about the service you received at court, you need to contact Her Majesty’s Courts Service (HMCS). They have three tiers of complaint handlingp>1 Contact the relevant court or probate registry
If you are unhappy about the service that you have received from staff working in Crown, county and magistrates’ courts and probate registries, you should write to the court or the senior manager for that office.
They will investigate your complaint and you should receive a reply to your complaint within five working days from the date they received your complaint.2 Contact the area director
If you disagree with the reply that you have received, you can write to the area director and ask for it to be reconsidered. The area director is the person who is responsible for the administration of all the courts and probate registries in their area.
The area director’s office will acknowledge your complaint within two working days and you can expect to receive a full reply within ten working days from the date they received your complaint.
To get the area director’s address, contact the court or the probate registry3 Contact HMCS’s Customer Service Unit
If you disagree with the decision of the area director, you can write to HMCS’s Customer Service Unit and ask for your complaint to be reconsidered.
They will acknowledge receipt of your letter within two working days and you can expect to receive a full reply within 15 working days from the date they received your complaint.
Write to:
Customer Service Unit
HMCS
4th Floor
102 Petty France
London SW1H 9AJ
Call: 0845 456 8770
Complaining about a decision by a judge or magistrate.
If you are unhappy with a decision made by a judge or magistrate, it can normally only be changed by asking a judge in a higher court to consider whether the decision was correct. This process is called ‘making an appeal’. For further information on how to make an appeal, speak to the
Crown Prosecution Service prosecution lawyer responsible for the case.
See section 3 Appealing against a verdict, sentence or tariff for more information about making an appeal.
Complaining about the conduct of a judge,magistrate or coroner.
If, however, you are complaining about the conduct (behaviour) of a judge, magistrate or coroner, of if you want to complain about an inquest, you need to contact theOffice for Judicial ComplaintsWrite to:
Office for Judicial Complaints
4th Floor
Clive House
70 Petty France
London SW1H 9EX
Call: 020 7189 2937
Complaining directly to the organisation.
Complaining about a service provider under the Code of Practice for Victims of Crime.
Sometimes the criminal justice agencies you are dealing with fail to deliver their obligations under the Code of Practice for Victims of Crime.
The Code of Practice for Victims of Crime sets out clearly what services you can expect to receive from each of the criminal justice agencies. You can find out more about this at
Go to: www.cjsonline.gov.uk
If you do not receive an acceptable level of service, you should make a complaint to the person you have been dealing with at that organisation. You should also make a complaint through the organisation’s internal complaints procedure.
Below is a guide on the best way to make a complaint about the different criminal justice agencies:
| Criminal justice agency | How to complain |
|---|---|
| Police | Your local police station can provide you with a leaflet explaining how to make a complaint. You should receive a response within 10 working days. |
| Crown Prosecution Service (CPS) | Write a letter, outlining your complaint, to the CPS office that dealt with your case. You can find contact details for CPS offices at police stations or your local Citizens Advice Bureau, or in the telephone directory. You should receive a reply within three working days |
| Joint Police/Crown Prosecution Service Witness Care Units | Write a letter, outlining your complaint, to the Witness Care Unit that dealt with your case |
| Crown Court and magistrates’ court | Your local court can provide you with a leaflet about the complaints procedure. You should make a complaint in writing to the Complaints Officer at the court. You should receive a reply within five working days. |
| Court of Appeal | Write a letter, outlining your complaint, to: The Customer Service Manager Criminal Appeal Office Royal Courts of Justice Strand London WC2A 2LL Email: criminalappealoffice. generaloffice@hmcourts-service.x.gsi. gov.uk. Or email: criminalappealoffice. generaloffice@hmcourts-service.x.gsi. gov.uk |
| Youth Offending Team | Write a letter, outlining your complaint, to the Youth Offending Team Manager at your local Youth Offending Team. |
| National Probation Service | Write a letter, outlining your complaint, to the local manager or Senior Probation Officer at the office you have been dealing with. |
| Prison Service | Write a letter, outlining your complaint, to: The Director General’s Briefing and Casework Unit HM Prison Service Cleland House Page Street London SW1 4LN If the offender is held in a contracted prison, the Prison Service will refer the matter to the Office of Contracted Prisons. |
| Parole Board | Write a letter, outlining your complaint, to: The Complaints Officer Parole Board for England and Wales Grenadier House 99–105 Horseferry Road London SW1P 2DX |
| Criminal Injuries Compensation Authority | Write a letter, outlining your complaint, to: The Manager Customer Care Team Criminal Injuries Compensation Authority Tay House 300 Bath Street Glasgow G2 4LN You should receive a reply within 20 working days. |
| Tribunals Service (Criminal Injuries Compensation) | Write a letter, outlining your complaint, within three months of the hearing, to: Customer Service Manager – Criminal Injuries Compensation 11th Floor Cardinal Tower 12 Farringdon Road London EC1M 3HS |
| Criminal Cases Review Commission | Write a letter, outlining your complaint, to: The Complaints Manager Criminal Cases Review Commission Alpha Tower Suffolk Street Queensway Birmingham B1 1TT |
Contacting your Member of Parliament.
If you are unsatisfied with the way your case has been handled by any government agency and you have exhausted their internal complaints procedures, you can contact your Member of Parliament (MP).
By letterA letter allows you to explain in more detail and your MP will have a written record of your problem.
Write to:
House of Commons
London SW1A 0AA
You may also contact your MP through their local constituency office. Addresses and contact numbers will be listed in local libraries and town halls. Most MPs will also have personal websites where they will list their contact details.
By emailThe majority of MPs now have email addresses that you can write to.
Go to: www.parliament.uk Look under ‘Members and Staff’ for a directory of addresses
By phoneYou can contact the House of Commons switchboard and ask to speak to your MP.
Call: 020 7219 3000
If you do not know their name, contact the House of Commons Information Office.
Call: 020 7219 4272
You can also search for names and phone numbers on the UK Parliament website.
Go to: www.parliament.uk
Contacting the Parliamentary Ombudsman.
The Parliamentary Ombudsman investigates complaints about government departments from members of the public.
The Ombudsman has wide powers: they are able to obtain evidence from government departments and make recommendations about the cases they hear.
Cases must be referred to the Ombudsman by an MP. These include complaints about breaches of the Victims Code.