Criminal Injuries Compensation

Claimants under the new Criminal Injuries Compensation scheme will find there are changes to the appeals procedure.

By far the most wide ranging change in the Rules is in relation to the Appeals system and it appears this will provide the Tribunal with more wide ranging and clearer powers.

The Appeals System will be governed by the Tribunal Procedure (First Tier Tribunal) (Social Entitlement Chamber) Rules 2008.

The Hearings will be heard in Glasgow, Dundee and Aberdeen.  As under the old Scheme, Tribunal Hearings will have at least two Tribunal Members who are qualified and trained in the Scheme and therefore applicants will not have the concerns that their appeal will be heard by unqualified staff.

The process of making an appeal will follow a stricter and apparently quicker time frame than that at present.

It appears from reading the documentation more front loading and better preparation for Hearings will be required. After reading the papers the Tribunal will confirm whether or not an oral hearing will take place or whether the decision will simply be made by a Tribunal Chairman.  If a decision is made by a Tribunal Chairman there is an opportunity to appeal in certain cases and the applicant will be advised as to whether an appeal is permissible. 

Thereafter, if an oral hearing is to take place, it will follow much the same procedure as previously with applicants being given an opportunity of noting their unavailable dates and will be provided with at least two weeks notice of the date of Hearing.  A decision will be made at the Hearing.

The Hearings will be heard in Glasgow, Dundee and Aberdeen.  As under the old Scheme, Tribunal Hearings will have at least two Tribunal Members who are qualified and trained in the Scheme and therefore applicants will not have the concerns that their appeal will be heard by unqualified staff.

The process of making an appeal will follow a stricter and apparently quicker time frame than that at present.

Compensation Claim Form