SH v The First-tier Tribunal (Social Entitlement Chamber)
[2024] UKUT 311 (AAC)
JM v The First-Tier Tribunal & Anor
30 October 2023
[2023] UKUT 267 (AAC)
Upper Tribunal
A woman was awarded money for injuries from an assault. A court reviewed the case and decided that the first court didn't look at all the medical evidence properly. So, the case is going back to a different court to be decided again.
Key Facts
- •JM applied for compensation from the Criminal Injuries Compensation Authority (CICA) following an assault in September 2017.
- •CICA awarded JM £1500.
- •JM appealed to the First-tier Tribunal (FTT), which increased the award to £3075.
- •JM sought judicial review of the FTT's decision.
- •The Upper Tribunal (UT) found the FTT's decision to be flawed on three grounds.
Legal Principles
The Tribunal must consider all relevant evidence and provide adequate reasons for its decision.
Tribunals, Courts and Enforcement Act 2007
Under the 2012 Criminal Injuries Compensation Scheme, a psychiatrist or clinical psychologist must confirm the existence of a disabling mental injury, but the duration of the injury may be determined by the Tribunal based on available evidence.
Criminal Injuries Compensation Scheme 2012
Outcomes
The Upper Tribunal allowed the judicial review application.
The FTT failed to consider relevant medical evidence regarding PTSD and tinnitus and provided inadequate reasons for its determination of the duration of JM's disabling mental injury.
The FTT's decision was quashed.
The FTT made findings of fact unsupported by evidence and overlooked relevant evidence, including a senior audiologist's diagnosis of tinnitus.
The case was remitted to the FTT for redetermination.
The FTT must re-determine JM's appeal with a different panel and hold a hearing.
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