[2024] UKUT 387 (AAC)

Error as to evidence of poor mental health after the assault

The First-tier Tribunal erred in law in failing to take into account, or to give adequate weight to, evidence of poor mental health after the start of the abuse and after the assault which had caused the scar.

The evidence before the First-tier Tribunal included medical notes entries for dates after the start (on 9 May 2020) of the abuse (I have also included one entry not from the medical notes: item (5) below) (Footnote: ¹)—

The First-tier Tribunal found that—

“iv)

Miss [W] had taken and passed her driving test after the assault, she has her own car and can drive independently with herself and her baby” (paragraph 32).

This finding as to positive matters obtaining after the assault erred in law by leaving out material negative matters. First, it left out of account the evidence that, after the start of the abuse, Ms W took two overdoses and, on a third occasion, attended the Emergency Department for her mental health (paragraph 26(1) to (3) above). Second, the finding also left out of account the evidence that, after the last of the assaults, Ms W drank bleach, was found by police climbing the wall to the train tracks after seeing her ex, took a further overdose and cut herself (paragraph 26(4) to (7) above), and that, after the 22 August 2022 entry two months and 20 days after her baby was born (paragraph 26(8) above), Ms W’s mental health appeared to have deteriorated again: paragraph 26(9) to (11) above.

The First-tier Tribunal also found that—

“v)

the GP records show that her mental health improved once pregnant and she has remained stable” (paragraph 32).

This finding too erred in leaving out of account the evidence that Ms W’s mental health did not remain stable but deteriorated again. Superficial cuts to her wrists were recorded on 2 July 2021. There was then the 22 August 2022 GP entry which recorded of a home visit that “[Ms W] calm, welcoming and good eye contact given throughout visit. No concerns regarding [Ms W’s] mental health noted today, she reports that she has no concenrs [sic] regarding this at present”. But after that entry, there were three further entries showing a deterioration as compared with the 22 August 2022 entry: on 29 November, 8 December and 13 December 2022. These last three entries matter because the First-tier Tribunal made an award for disabling mental injury up to two years and yet these three entries show poor mental health more than two years after the last date of the abuse which was 9 August 2020.