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Don't Believe Government Spin Doctors Says Kent Lawyer

05 December 2008

New law is detrimental to victims of crime

Although the Government spin doctors would have us believe otherwise, the new Criminal Injuries Compensation Scheme (CICS) is detrimental to victims of violent crime, says Kent lawyer Neille Ryan.

Neille, personal injury partner at leading regional law firm Furley Page, commented: “Even the most unbiased observer can see that the changes, which came into force earlier this month, are simply designed to save the Government money. The pitfalls for the unwary are more in number and worse in consequence so my advice to victims is don’t wait – seek help as soon as possible about making a claim.”

Generally speaking, applications must be made within two years of a crime - unlike the old law where late applications were allowed ’in the interests of justice’. (There are some exceptions to the rule such as child victims who were too young to realise they could claim at the time of the injury.)
 
While compensation for certain injuries has been increased there is no overall increase to allow for inflation since the scheme was last reviewed in 2001. And to make matters worse, some compensation is actually lower, adds Neille who cites the figure for the loss of a kidney which has been halved.

Any offer of compensation must be accepted in writing or an application made for a review (basically an appeal) within 90 days or the claimant runs the risk of the offer being withdrawn. Describing the 90-day limit as “indefensible”, Neille argues that if a victim has gone through the claims procedure and an offer made, why can’t they be guaranteed the amount even if they haven’t, for perfectly good reasons, responded within the set time.

Neille is also concerned about the new protocol for reviews. Under the old scheme the reviewing officer had to be senior to the one who made the original decision whereas now the only stipulation is for a ‘different officer’ and not necessarily senior so they could, in effect, “make the same mistakes”.

For further information contact Neille Ryan on 01227 763939 .
 

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