[2024] UKUT 311 (AAC)

Error in failing to give sufficient weight to evidence from years before Ms H made her CIC claim that showed a lack of day-to-day functioning

The First-tier Tribunal erred in law in failing to give sufficient weight to evidence from years before Ms H made her criminal injuries compensation claim that showed a lack of day-to-day functioning. More than one medical letter showed this. An example is the letter dated 7 May 2024 (from a clinic of 25 April 2024) on pages C338 and C339. This letter is from a consultant at Stepping Hill Hospital and says—

“[Ms H] was very tearful during the interview and talked about how “awful” life was. She stated that everything was a struggle; she has no motivation to do anything and, typically, sits on the couch most of the day. [Redacted] her [redacted] looks after the children and does all of the housework…She reports that her mood was “awful” and it had been for as long as she could remember. She doesn’t have any specific plans for the future and described “just getting through each day at a time”. She is adamant that she doesn’t want any medication as she does not believe in this. She was receptive, however, to having [redacted] [redacted] and feels more able to commit to this.

Impression

Both the team and I have had a lot of contact with [Ms H] over the last few years and it is clear that she has prominent Borderline Personality Traits. Although she also has some agoraphobic symptoms, this is not always consistent and does not appear to be the main disorder. It is unlikely that her problems will be solved with medication and it is reassuring that [Ms H] personally acknowledges this”.

The speciality of the consultant who wrote that letter is redacted. But it is clear from what he says under “Impression” that he practises in mental health. This is clear too from Dr Holt’s description of his letter (page C346, line 2); she describes it as discharging Ms H from secondary care mental health services.