[2024] UKUT 84 (AAC)

There is little authority on the meaning of paragraph 42(b) of the Scheme. Two editions of a “Guide to Applicants for Compensation in Fatal Cases” were published by the Respondent, one in 2002 and the other in 2005.

Both editions of the Guide state that “Compensation may also be payable to meet other resultant losses for example, any additional costs of childcare or loss of earnings suffered by an adult in looking after the child”.

The Guide is just a guide and not a statement of the law. The law is set out in the Scheme …

The Tribunal also asked for the representatives’ views on the views expressed at page 203 of the first edition of Begley “Criminal Injuries Compensation Claims” which is largely viewed as the main reference book for such claims and the book issued to all judges on their appointment to the jurisdiction. Begley’s view is that “Where a child of the family is disabled, the dependency claim may reasonably last much longer” [i.e., beyond the age of 18]. The Tribunal allowed a short adjournment to allow counsel opportunity to consider the Guides and Begley.

The Tribunal noted that the award under appeal did in fact include the sum of £16,710 for the costs of applying to the Court of Protection to appoint a deputy for Dominic. The Tribunal therefore asked the Respondent to clarify why, having made an award for Court of Protection costs, its view was any further such costs were not payable under the Scheme. The Respondent’s presenting officer confirmed that the Court of Protection costs should not have been paid by the Respondent because they were incurred due to Dominic’s pre-existing condition but that the costs already paid were not in issue in the appeal.

Ms Skander expressed concern that the Respondent’s representative had made submissions which were not supported by the Guide i.e. that it had been submitted that other resultant losses had to be losses experienced by the child whereas the Guide referred to losses incurred by an adult caring for them. Further, the costs of childcare and carer’s loss of earnings were given as examples and were not an exhaustive list.

Ms Skander submitted that Begley supported her submission that the period of dependency does not automatically end at age 18 but there is an inbuilt discretion to extend it. Further, paragraph 35 of the Scheme does not suggest that the need for an application to the Court of Protection must be attributable to an injury caused by the crime of violence.

It was not clear from the evidence before the hearing whether the Appellant was claiming the costs of adapting her home in order to make it suitable for Dominic to live there with his disabilities or whether the costs were for extending her home to house Dominic (and his 2 siblings). The Tribunal therefore took the opportunity to obtain evidence from Mrs Treacey in that respect.

Mrs Treacey’s evidence was that that they had an extension and built 2 extra bedrooms and a downstairs toilet. They also made a downstairs lounge for Dominic as he had the smallest bedroom which was only suitable for sleeping. Her evidence was that a downstairs toilet was required because Dominic is incontinent and there had been no specific adaptations e.g., a wet room or ramp.