Criminal Injuries Compensation: Scotland
The question
To ask the Secretary of State for Justice, how many Criminal Injuries Compensation Authority claims from Scottish applicants remain unresolved more than (a) 12, (b) 24 and (c) 36 months after a judicial‑review judgment quashing the original decision.
Answered by Alex Davies-Jones
The table below shows the number of applications for criminal injuries compensation which are unresolved more than (a) 12 months, (b) 24 months, and (c) 36 months after the Court of Session quashed the decision of the First-tier Tribunal in judicial review proceedings.
Time | Number unresolved |
12 months to 24 months | 5 or fewer |
Over 24 months to 36 months | 5 or fewer |
Over 36 months | 5 or fewer |
The Criminal Injuries Compensation Scheme 2012 contains safeguards where an applicant is dissatisfied with the outcome of their application. All applicants have the right to request that their initial decision is reviewed by a different claims officer. If the applicant remains dissatisfied following review, they have the right to appeal to the independent First-tier Tribunal. Thereafter, an applicant can apply for ‘judicial review’ of the First-tier Tribunal’s decision. In Scotland, judicial review claims are heard by the Court of Session. In England & Wales, judicial review claims are heard by the Upper Tribunal.
We have answered ‘5 or fewer’ to mitigate the risk of individuals being identifiable from our response.
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