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Your Appeal

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Appeal Form

Example Notice of Appeal Form (PDF) 


Guide to Appeals Procedures
(Paragraphs 61-82 of the Scheme)

If you consider that there are grounds for contesting the result of the Review, you may appeal within 90 days from the date on our letter giving you notice of the Review decision to the Criminal Injuries Compensation Appeals Panel Northern Ireland (The Panel).

Your application must be made in writing on the Notice of Appeal and you should explain in detail why you disagree with the Review decision. You should also send any relevant additional information you have to support your appeal application.

Appeal Concerning Awards

A member of staff of the Panel may refer your appeal for an oral hearing if your appeal is against a Review decision:

  • not to pay an award;
  • to make a full award or a reduced award;
  • to seek repayment of an award; or
  • to reconsider an award before actual payment of the award has been made.

When an appeal is received outside the 90 day time limit, it will be referred to an adjudicator. The adjudicator will refer your case for an oral hearing where he/she considers that:

  • an award in accordance with the Scheme could have been made although the Review decision was not to make an award because the injury was not sufficiently serious to qualify for the minimum amount of compensation;
  • there is a dispute about the material facts or conclusions on which the Review decision was made and that a different decision could have been made;
  • the appeal cannot be concluded on the basis of the material available to him/her; or
  • for any other reason an oral hearing would be desirable.

If your appeal is not referred for an oral hearing, the adjudicator's dismissal of the appeal will be final and the Review decision will stand. In such circumstances the Panel will notify you and the Compensation Services in writing of the dismissal of the appeal and the reasons for it. The Compensation Services will then make the necessary arrangements for the acceptance and payment of any award which was made during the course of the Review.

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Time Limits

The time limit of 90 days for submitting an appeal may be extended in exceptional circumstances if a member of staff considers that:

  • a request from you within the time limit is based on good reasons; or
  • it would be in the interests of justice to do so.

If a member of staff considers that the time limit should not be extended, your request will be referred to the Chairman or an adjudicator for a decision. The decision not to extend the time limit will be final.

Appeals Concerning Time Limits and Re-opening of Cases

You may appeal against a decision:

  • not to waive the time limit of 2 years for submitting an application for compensation; or
  • not to extend the 90 days time limit for applying for a review; or
  • not to re-open a case on medical grounds.

Your appeal will be considered by the Chairman or an adjudicator. A decision by either of them to dismiss an appeal in these circumstances will be final. If your appeal is allowed, the Compensation Services will be instructed to:

  • waive the 2 year time limit and consider the application for compensation; or
  • conduct a review; or
  • allow the case to be re-opened.

If you are given an oral hearing, you will normally be informed in writing at least 21 days in advance of the date proposed for your hearing.

The hearing will be held before at least 2 adjudicators and you will be able to give evidence on your own behalf and bring witnesses you think might help your case.

You may choose to be represented at the hearing but the Compensation Services or Panel will not pay the costs of any legal advice or representation you may incur in connection with your appeal.

The adjudicators may, however, authorise the payment of reasonable travel expenses incurred by you or your witnesses who attend the hearing to give evidence.

The adjudicators will consider all aspects of your case and will give you their reasons for the decisions they make. This may be a higher or lower award than any previous assessment, or no award at all.

If the adjudicators consider that your appeal was frivolous or vexations, they may reduce the amount of compensation awarded to you.

Oral Hearing of Appeals

If you have any queries about this leaflet, please contact The Panel at the address listed below. Alternatively you may wish to contact Victim Support for Northern Ireland who will also be able to provide assistance.

Criminal Injuries Appeals Panel for Northern Ireland
2nd Floor, Royal Courts of Justice
Chichester Street
Belfast BT1 3JF

Tel: 0300 200 7812

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Frequently Asked Questions

Q1. You stated in your letter that the hearing would take place in approximately 3 months and I haven't heard anything since.

A1. When a hearing has been granted by the Panel, the Presenting Officer (PO) of the Compensation Services is responsible for gathering evidence (called the hearings documents) to be used at your hearing. Until the PO has prepared these documents we are unable to send them to you or list your case for hearing. Panel staff will try to ensure this happens as quickly as possible by contacting the PO about all outstanding appeals. If there is undue delay in your case we will find out from the PO the reason for the delay and let you know the position.

Q2. How is the hearing arranged and who are the Panel?

A2. When you were granted a hearing you were sent a booklet entitled "Your Panel Hearing". Please read it carefully as it does explain what happens. Your hearing will normally take place at the Panel's Headquarters in Belfast before a three member Panel which will generally include a lawyer.

Q3. I notice from the Hearing Summary that you will be inviting the person that injured me to the hearing and I do not want to come into contact with this person. What can you do about this?

A3. We are given the names of witnesses to invite by the Compensation Services Presenting Officer. In regard to the alleged assailant, if you are afraid of meeting him/her, let us know. We will then ask whether he/she wishes to attend the hearing. Only if we receive written confirmation that he/she does wish to attend do we provide that person with details of the hearing. They are not provided with Hearing papers. But we can, in such a situation, arrange separate waiting accommodation for you and, if you wish, a member of our staff can meet you outside the hearing centre and escort you into the hearings area so that you do not have to meet the alleged assailant. However our experience is that the alleged assailant does not often attend hearings.

Q4. How much notice will I be given of my hearing?

A4. You will be given at least 3 weeks notice of your hearing date. Where necessary and if possible we will make arrangements by phone.

Q5. Can you tell me if my hearing will take place at the time stated as I have to collect my children from school?

A5. Cases listed before yours may overrun and it is not easy to say exactly when your hearing will start. The Panel's receptionist will keep you informed of how the day's list is progressing but it may be sensible to arrange for someone else to collect your children on that day. Also bring something to read (just in case there is some delay). If you do have a deadline by which you must leave, let the receptionist know when you arrive.

Q6. Can I claim car parking charges for the hearing?

A6. Only if you are disabled with a disabled badge in your car. Otherwise we pay only the public mileage/transport rate to and from the hearing.

Q7. If I am self-employed, what documentary evidence must I provide to the Panel when claiming loss of earnings for the day of the hearing?

A7. The Panel will accept any of the following documents:

  • a copy of your latest tax return; or
  • a letter from your accountant; or
  • a letter from the contractor (for whom you would have worked on the day of the hearing stating what your loss is and whether it is gross or net) where there is an ongoing contract.

Q8. When can I expect to receive a cheque for loss of earnings incurred on the hearing date?

A8. Provided all the documentation is in order payment is made within 28 days of the claim being approved.

Q9. When can I expect to receive payment if I am granted an award?

A9. This is paid by the Compensation Services normally within 2 weeks of the Panel making their decision and you signing the acceptance form.

If you have any queries about payments you should ring the Compensation Services on 0300 200 887.

Q10. My client attended a recent hearing. He/she received a record of the hearings decision but can I have a copy of the Panel's reasons?

A10. Yes - provided you still represent your client and your client authorises this disclosure.

Q11. My client attended a recent hearing but wishes to make a complaint. What should he/she do?

A11.Your client should make his/her complaint within 3 months of the hearing and should write to the Branch Manager at:

Criminal Injuries Compensation Appeals Panel Northern Ireland
The Tribunals Hearing Centre
2nd Floor, Royal Courts of Justice
Chichester Street
Belfast BT1 3JF

The letter should be marked 'complaint'. The complaint will be acknowledged and then investigated by a senior member of staff. You should receive a reply within 15 working days.

Q12. We wish to seek Judicial Review (JR) of the Panel's decision. What should we do?

A12. In the first instance you should write to the Panel at the above address and ask for the written reasons for their decision within 30 days. If you are still not happy with the decision, you should seek legal
advice.

Q13. Do the Panel's actions come under the responsibility of the Ombudsman?

A13. Yes. The Northern Ireland Assembly Ombudsman is responsible for investigating complaints of maladministration. Such complaints must be put to him through a Member of the Northern Ireland Assembly.


Hearing Location

Criminal Injuries Compensation Appeals Panel Northern Ireland
The Tribunals Hearing Centre
2nd Floor, Royal Courts of Justice
Chichester Street
Belfast BT1 3JF

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