23-727: The Criminal Injuries Compensation Authority ( CICA ) is an executive agency of the UK Government . The Authority, established in 1996 and based in Glasgow , administers a compensation scheme for injuries caused to victims of violent crime in England, Scotland and Wales. It is funded by the Ministry of Justice in England and Wales and the Justice Directorate in Scotland. The current Chief Executive
46-526: A crime. The 2012 scheme came into force on 30 September 2012 and applies to all claims received on or after 27 November 2012. It is less generous than previous schemes, with certain minor injuries removed altogether and others reduced in value. Residency criteria now mean that most applicants must be ordinarily resident in the UK, or a British or EU citizen. The rules on criminal convictions are more restrictive in that having an unspent criminal conviction that resulted in
69-663: A national of a member state of the European Union or the European Economic Area; (e) a national of a State party to the Council of Europe Convention on the Compensation of Victims of Violent Crimes (CETS No. 116, 1983); (f) a member of the armed forces; or (g) an accompanying close relative of a member of the armed forces." Compensation may be reduced or withheld altogether from applicants who: - contributed to or caused
92-438: A prison sentence will mean automatic rejection, no matter what the offence. And claims for loss of earnings, previously always based on the applicant's actual losses up to a maximum of one-and-a-half times the national average wage, are now assessed entirely at the rate of statutory sick pay regardless of the applicant's actual losses. The total maximum award for a claim remains at £500,000, a figure that has remained unchanged since
115-656: A result of crime, rape victims and the parents of murdered children - most notably the parents of murdered children Sarah Payne , Damilola Taylor , Holly Wells and Jessica Chapman . It has also been criticised in some cases for concluding that applicants contributed to the incident in which they sustained their injuries, and in cases of murder or manslaughter that the deceased had contributed to his or her own death; on this basis its compensation payouts to claimants have been reduced to lower amounts and it has even refused to pay any compensation at all in some cases. It has also refused to pay compensation to families bereaved by crime if
138-524: A result of sexual abuse and loss of foetus. In January 2012, Justice Secretary Ken Clarke proposed further reforms to the scheme. There was cross-party support for altering the Scheme to compensate victims of overseas terrorist attacks. However, there was criticism of proposals to end compensation awards for certain minor injuries, a lowering of the tariff award for many injuries and for applying more severe reductions to awards for people who have been convicted of
161-404: A scale set by Parliament . The scheme and the 1996 tariff were revised in 2001, 2008 and 2012. The tariff has descriptions of more than 400 injuries; each is attached to one of 25 levels of compensation between £1,000 and £250,000. In certain cases, victims may also apply for financial loss compensation (for example, through loss of earnings or medical care costs). By 2004, it was reported that
184-550: Is Linda Brown. Since the scheme was set up in 1964, the Authority and its predecessor, the Criminal Injuries Compensation Board , have paid more than £3 billion in compensation, making it among the largest and most generous of its type in the world. However, it has been criticised on occasions for failing to provide adequate compensation to victims of serious crime, particularly people seriously injured as
207-709: Is a part of a government department that is treated as managerially and budgetarily separate, to carry out some part of the executive functions of the United Kingdom government , Scottish Government , Welsh Government or Northern Ireland Executive . Executive agencies are "machinery of government" devices distinct both from non-ministerial government departments and non-departmental public bodies (or " quangos "), each of which enjoy legal and constitutional separation from ministerial control. The model has been applied in several other countries. Agencies include well-known organisations such as His Majesty's Prison Service and
230-437: Is two years from the date the injury occurred. There are slightly different rules in the case of applicants who are children, or who were children when they were injured. The time limit may be extended in exceptional circumstances but is treated very strictly. Ignorance of the existence of the scheme and the availability of compensation is not usually accepted as an excuse for a late application. Residency criteria, introduced for
253-610: The Driver and Vehicle Licensing Agency . The annual budget for each agency, allocated by HM Treasury , ranges from a few million pounds for the smallest agencies to £700m for the Court Service . Virtually all government departments have at least one agency. The initial success or otherwise of executive agencies was examined in the Sir Angus Fraser's Fraser Report of 1991. Its main goal was to identify what good practices had emerged from
SECTION 10
#1733092481016276-564: The Scheme are complex and are explained in the guide to the scheme. Injuries claimed for must have been caused by a 'crime of violence'. Annex B of the 2012 scheme sets out what this means. The first step is to establish that a crime has been committed. Whether it is a crime of violence is a more complex issue but the most typical examples are assault, murder, rape and sexual abuse. It is possible to claim for psychological injury resulting from witnessing an attack on someone else, in very limited circumstances. The time limit for claiming compensation
299-472: The United Kingdom. By 1997, 76% of civil servants were employed by an agency. The new Labour government in its first such report – the 1998 Next Steps Report – endorsed the model introduced by its predecessor. A later review (in 2002, linked below) made two central conclusions (their emphasis): " The agency model has been a success . Since 1988 agencies have transformed the landscape of government and
322-671: The United States, the Clinton administration imported the model under the name "performance-based organizations." In Canada, executive agencies were adopted on a limited basis under the name special operating agencies . One example is the Translation Bureau under Public Services and Procurement Canada . Executive agencies were also established in Australia, Jamaica, Japan and Tanzania. Same-roof rule The " same-roof rule "
345-448: The assailant may benefit in some way from their award. In the latter case it is usually possible to overcome this issue by placing the award in a trust. The " same-roof rule " was a rule of English law that stated victims of domestic abuse were not entitled to compensation if they lived with the perpetrator prior to October 1979 for example as husband and wife and even if those involved ceased to live together at anytime after. This rule
368-501: The deceased had any criminal convictions. CICA employs over 300 civil service staff from the Ministry of Justice in an office in Glasgow to process and decide on applications for compensation from victims of violent crime. Until 1996, awards were set according to what the victim would have received in a successful civil action against the offender. However, since April 1996, the level of compensation has been determined according to
391-533: The first time in Paragraphs 10 to 16 of the 2012 Scheme, restrict eligibility to those who are ordinarily resident in the UK, or are one of the following: "(a) a British citizen; (b) a close relative of a British citizen; (c) a national of a member state of the European Union or the European Economic Area; (d) a person who had a right to be in the United Kingdom by virtue of being a family member of
414-452: The incident in which they were injured - failed to co-operate with the police or prosecuting authority - failed to or delayed in reporting the incident to the police - failed to co-operate with the CICA in handling their claim - have one or more unspent criminal convictions It is also possible for decision makers to refuse claims on the basis that the victim still lives with their assailant, or that
437-407: The new model and spread them to other agencies and departments. The report also recommended further powers be devolved from ministers to chief executives. A series of reports and white papers examining governmental delivery were published throughout the 1990s, under both Conservative and Labour governments. During these the agency model became the standard model for delivering public services in
460-468: The original tariff scheme in 1996. The cuts in compensation are described by the CICA's Chief Executive in the annual report as being "designed to put the Scheme on a more sustainable financial footing by removing awards for people with the least serious injuries and focusing awards on victims with more serious injuries". A guide to the 2012 scheme is available on the Ministry of Justice website. The rules in
483-421: The responsive and effectiveness of services delivered by Government." Some agencies have, however, become disconnected from their departments ... The gulf between policy and delivery is considered by most to have widened." The latter point is usually made more forcefully by critics of the government, describing agencies as "unaccountable quangos ". Several other countries have an executive agency model. In
SECTION 20
#1733092481016506-491: The scheme could pay a maximum of £500,000 to victims of crime. The payment system is based on a 35 tier system split into two parts. Part A of the CICA tariff covers injuries such as burns, paralysis, medically recognised illness, mental injury, peripheral sensory nerve damage and motor nerve damage as well as injuries to the head and neck, upper limbs, torso and lower limbs. Part B of the tariff covers fatal injuries, physical abuse in adults, sexual abuse, child abuse, infection as
529-843: Was retained in all subsequent changes to the law meaning that even after 1979 claimants were unable to claim compensation as a victim of crime. It was challenged several times in the courts without success. However, rule was successfully challenged in the Court of Appeal in 2018. Executive agency King Charles III [REDACTED] William, Prince of Wales [REDACTED] Charles III ( King-in-Council ) [REDACTED] Starmer ministry ( L ) Keir Starmer ( L ) Angela Rayner ( L ) ( King-in-Parliament ) [REDACTED] Charles III [REDACTED] [REDACTED] [REDACTED] The Lord Reed The Lord Hodge Andrew Bailey Monetary Policy Committee An executive agency
#15984