[2023] UKUT 239 (AAC)

This is an application to the Upper Tribunal for judicial review of the decision of the First tier Tribunal (FtT) dated 14^th December 2021. In these proceedings, the Applicant was the appellant before the FtT, the FtT is the Respondent and the Criminal Injury Compensation Authority (CICA) and the Secretary of State for Justice are the Interested Parties. The FtT dismissed the Applicant’s appeal against CICA’s decision to refuse her application for compensation in respect of a sexual offence committed against her when she was a child. This was because, at the time she applied for compensation, she had an unspent conviction.

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The FtT considered the decision of the Supreme Court in A and B v CICA [2021] UKSC 27 was determinative of the issues in the appeal and binding on them. The FtT therefore considered they could reach no decision other than to dismiss the Applicant’s appeal, applying paragraph 26 and Annex D of the scheme (the exclusionary rule).

The FtT’s decision was made subsequent to a telephone hearing on 14^th December 2021 where the Applicant participated in the hearing and both the applicant and CICA were represented by counsel. The FtT produced a decision notice dated 14^th December 2021 and provided written reasons on 3^rd February 2022. The applicant applied to the Upper Tribunal for permission to bring judicial review proceedings on 13^th March 2022. On 23^rd August 2022, Upper Tribunal Judge Jacobs granted permission to bring judicial review proceedings of the FtT’s decision.