SH v The First-tier Tribunal (Social Entitlement Chamber)
[2024] UKUT 311 (AAC)
The Criminal Injuries Compensation Authority, R (on the application of) v the First-tier Tribunal
2 January 2024
[2024] UKUT 3 (AAC)
Upper Tribunal
A woman claimed compensation for mental health problems caused by being conceived through rape. A lower court wrongly awarded her compensation. A higher court said the lower court should only check the initial decision and send it back for a correct decision if it was wrong, not make its own decision. The case will be reconsidered, focusing on whether the woman qualifies for compensation under specific rules.
Key Facts
- •GHI applied for criminal injuries compensation, claiming psychological issues stemming from being conceived as a result of her birth mother's rape.
- •A claims officer denied the application, citing GHI was not a direct victim.
- •GHI appealed to the First-tier Tribunal, which allowed the appeal based on paragraph 5 of the 2012 Scheme (exceptional and justified risk).
- •CICA sought judicial review of the First-tier Tribunal's decision.
- •The case involved interpreting the scope of appeal rights to the First-tier Tribunal under the Criminal Injuries Compensation Scheme 2012 and the relevant provisions of the Criminal Injuries Compensation Act 1995.
Legal Principles
Scope of appeal to the First-tier Tribunal in criminal injuries compensation cases.
R (SB) v First-tier Tribunal and Criminal Injuries Compensation Authority [2014] UKUT 497 (AAC)
Interpretation of the Criminal Injuries Compensation Scheme 2012, specifically paragraphs 4 and 5 regarding eligibility for compensation.
Criminal Injuries Compensation Scheme 2012
Provisions of the Criminal Injuries Compensation Act 1995 regarding claims, reviews, and appeals.
Criminal Injuries Compensation Act 1995
Outcomes
The Upper Tribunal quashed the First-tier Tribunal's decision.
The First-tier Tribunal erred by considering paragraph 5 of the 2012 Scheme without the claims officer having first considered it. The Tribunal's jurisdiction is limited to reviewing the decisions made by the claims officer; it cannot substitute its own decision. However, the Tribunal can remit the case back to CICA if the claims officer failed to consider a relevant ground of eligibility.
The matter was remitted to CICA for a fresh decision.
CICA is directed to reconsider GHI's eligibility under paragraphs 4 and 5 of the 2012 Scheme.
Similar Cases
JM v The First-Tier Tribunal & Anor
[2023] UKUT 267 (AAC)
AS v First-tier Tribunal (Social Entitlement Chamber)
[2024] UKUT 18 (AAC)
JA, R (on the application of) v First-tier Tribunal (Social Entitlement Chamber) (Criminal Injuries Compensation)
[2024] UKUT 121 (AAC)
LXR, R (on the application of) v the First-tier Tribunal
[2024] UKUT 208 (AAC)