Making Criminal Injuries Compensation Authority (“CICA”) applications on behalf of at risk clients
One of the pillars of Travers Smith’s pro bono programme is the protection of vulnerable groups, including tackling violence against women and girls. We dedicate significant resource to specific initiatives relating to domestic abuse and human trafficking, including our Dispute Resolution lawyers making applications on behalf of survivors of domestic abuse and human trafficking to the CICA, a governmental agency which administers a compensation scheme for injuries caused to victims of violent crime in England, Scotland and Wales (the “CICA Scheme”).
The CICA application and evidential process can be very delicate to manage, particularly with traumatised clients, and it can take many months, if not years, of persistence to see the matter through to an award.
We are very proud that in the first quarter of 2024 alone, our pro bono and Dispute Resolution lawyers have secured awards totalling £50,000 for two exceptionally brave survivors of domestic abuse and human trafficking. We have acted for both clients for a number of years, in one case navigating civil and criminal proceedings as well as the compensatory process. These sums are life-changing and will help both individuals rebuild their lives and move towards a happier future.
£50,000
In the first quarter of 2024 alone, the pro bono and Dispute Resolution lawyers have secured awards totalling £50,000.
The process involved in making an application
“Our potential clients for CICA applications tend to either be referred to us from organisations which we regularly work with, such as Justice & Care (a charity whose mission is to fight human trafficking and slavery), or arise out of our own pro bono projects, such as the Domestic Abuse Response Alliance (DARA).
As soon as we receive a potential instruction, there is usually a flurry of initial interviews with the client to prepare the CICA application. There is generally a time limit of two years from the date of the incident / injury to submit an application, and it could then take a number of years for a CICA application to be processed by a caseworker, and a decision letter issued. Therefore, we try to submit applications promptly to kick start the process and get our client “in queue” as early as possible. When issuing an application to CICA, we will generally lay down a marker to explain that a supporting statement and pack of evidence will follow. Thereafter, we will conduct an evidence gathering exercise (including gathering / assisting our client to gather any medical and police records from the relevant authorities), and conducting further interviews with the client to prepare a more comprehensive statement in support of their CICA application. The way in which we approach this exercise can be quite different to the approach we take in our day-to-day commercial disputes work. In particular, we will try to fill in any information gap from documentary records if at all possible, to limit the extent to which we have to interview and discuss traumatic events with the client.”
Working with at risk clients
“The individuals that I have worked with are without doubt some of the bravest people I have met. That being said, it is vital to ensure that we do not make our clients relive the trauma that they have been through when preparing our applications, whilst also gathering as much information as we can to present robust evidence that appropriately conveys the injuries suffered so that the fairest award is secured for the client. Working with clients who have been through trauma requires a very human approach.
I believe it is vital to build up a relationship of trust with the client at a personal level before beginning to ask questions for their application. This enables me to understand what their boundaries are and whether revisiting certain events to deploy in an application is worth it at the expense of their mental health and moving on from what they have been through. Getting to know the client and delicately learning about their experiences as well as future plans also helps me have in mind the bigger picture: that our main purpose in all of this is to do what we can to support our exceptionally courageous clients in what is only a small part of their journey towards a brighter future.”
I want to thank you all for all your hard work and support in helping me – I am very grateful and words are not enough to thank you for everything you’ve done. I am very relieved that this is all over and I can now continue to rebuild my life.
Client
Working with Justice & Care
“Much of the work we do in this area involves us partnering with Justice & Care. They do the most extraordinary work rescuing those who have been trafficked and exploited, helping them to rebuild their lives, and working with the police to bring those responsible to justice.
The relationships which Justice & Care build with survivors of human trafficking – largely through their pioneering victim navigator programme which sees their specialists deployed in the heart of police forces, including to act as a trusted bridge between police and victim – are absolutely integral to the CICA application process. These relationships mean that we can often obtain evidence indirectly, without risking re-traumatisation of the client; and, in circumstances where we do need to take evidence from the client directly, Justice & Care are there alongside them, providing continuity, reassurance and specialist support as needed.
On one of my cases, we needed to obtain a psychiatric expert report to support an application for compensation relating to severe mental injury resulting from the abuse to which the client had been subjected by her traffickers. The victim navigator accompanied the client to the appointment with the psychiatrist and looked after the client’s daughter during the appointment itself – they really do go above and beyond to secure the safety of vulnerable individuals and to ensure that justice is served.”
Working with your team has been an absolute highlight of my time working to support survivors. I cannot thank you enough for the incredible work you have put into making the client’s CICA claim as strong as it possibly can be. I know the end result has the potential to be life changing for her, so thank you!
Justice & Care victim navigator
How this work develops us as litigators and complements our practice
“These applications are a way for us to help people who have suffered traumatic crimes. The outcome can never repair the damage done, but it can go some way to supporting our clients’ futures. That is the primary reason for doing this work.
In addition, it allows us to develop our skills as litigators. In some ways, the application process is a microcosm of a commercial dispute. We analyse the evidence and present it in the most powerful way possible to tell the client’s story. We sometimes rely on unusual forms of expert evidence, such as medical and psychiatric reports. We always need to adopt a delicate and strategic approach, and to advise the client on prospects and risks.
Possibly the most important skill that we refine in this process is communicating sensitively with, and demonstrating empathy for, our clients. We often interview people in the course of our commercial work. While they are far less vulnerable than these clients, our ability to understand their sensitivities, put them at ease and communicate in ways that work for them is critical.
Although there is some overlap between commercial work and these applications, there are also differences. By their nature, these applications present an interesting overlap between criminal and civil processes, and so allow us an insight into criminal law and procedure and therefore a more rounded view of the legal system in which we operate.”
