![[2024] UKUT 84 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
Section 1
The judicial review against the decision of the First-tier Tribunal (Social Entitlement Chamber) dated 16 August 2022 (after an oral hearing on that date) under file reference CI003/16/00043 is dismissed.
This determination is made under section 16 of the Tribunals, Courts and Enforcement Act 2007 and rule 30(1) of the Tribunal Procedure (Upper Tribunal) Rules 2008.
Representation: Ms Justine Skander, counsel, for the Applicant
(instructed by Irwin Mitchell)
Ms Victoria Webb, counsel, for the Interested Party
(instructed by CICA)
REASONS
Introduction
This case concerns the correct interpretation of paragraph 42 of the Criminal Injuries Compensation Scheme 2001 (“the 2001 Scheme”) and in particular whether (a) compensation under paragraph 42(b) is limited to loss of parental services and (b) whether the costs of the adaptation or extension of the appointee’s house, the costs of administering the trust of an award under the Scheme and the costs of the Court of Protection were recoverable under paragraph 42(b) as “such other payments as a claims officer considers reasonable to meet other resultant losses”.
The Applicant brings judicial review proceedings, with my permission, against a decision of the First-tier Tribunal which it made on 16 August 2022 after an oral hearing on the same date. The Tribunal produced its summary of reasons for its decision on the same day and its statement of reasons on 24 August 2022. The applicant applied to the Upper Tribunal for permission to bring judicial review proceedings in form JRC1 on 17 November 2022.
On 10 January 2023 I acceded to the Applicant’s application and granted him permission to bring judicial review proceedings.
On 23 August 2023 I directed an oral hearing of the judicial review, which I heard in Birmingham on the morning of 27 February 2024. The Applicant was represented by Jasmine Skander and CICA by Victoria Webb, both of counsel. I reserved my decision.
This case arises under the 2001 Scheme, not under the Criminal Injuries Compensation Scheme 2012 (“the 2012 Scheme”). Although the case does not concern the 2012 Scheme, I consider the wording and effect of the relevant provision in the 2012 Scheme at the end of his decision, where I also explain the genesis of the 2012 Scheme.
- Heading
- Section 1
- The Tribunal’s Decision
- Costs of appointing a deputy in the Court £16,710 of Protection
- The issues
- Whether the costs of administering a trust of any award and Court of Protection costs were compensable and Whether the costs of adaptation/ extension to Mrs Treacey’s house were recoverable
- Discussion
- The Decision
- The 2001 Scheme So far as a material, the 2001 Scheme provides that
- The 2012 Scheme So far as material, and as I explain at the end of this decision, the 2012 Scheme provides that
- The Applicant’s Submissions
- adaptation to accommodation – at [39] trust and Court of Protection costs – at [40-41]
- The First Ground – The interpretation of the word ‘other’
- words in the scheme were intended to have their ordinary everyday meaning, contrary to other words which could have very specific legal meanings. The paragraph did permit discretion as to which facts
- The Second Ground - Adaptation to accommodation
- The first line of reasoning was that
- The second and third line of reasoning was that
- the Concise Oxford English Dictionary read
- The first line of reasoning at [40] was that
- The second line of reasoning at [41] was that
- The Applicant repeated his submission that the Tribunal erred in finding that “other resultant losses” meant “ resultant from”
- The First Ground: The interpretation of the word ‘other’
- the phrase “ other resultant losses ” appeared in a paragraph specifically concerning loss of parental services (both the stem of paragraph 42 and paragraph 42(a)) and it was a natural reading to link
- the payment for loss of parental services at paragraph 42(a) was a tariff award; it made sense therefore that the Scheme should provide discretion to the claims officer under paragraph 42(b) to make “
- the interpretation of paragraph 42(b) contended for by the Applicant, that it concerned payments “ distinct from parental services as previously mentioned ”, was to read words into the scheme which we
- the wider reading contended for ignored the word “ resultant ” – if the Scheme were intended to refer to any heads of loss without restriction, the word “ resultant ” would not have been used
- The Second Ground: Adaptation to accommodation
- the question was whether a loss or expense claimed was to meet “ other resultant losses ”, not whether the items were spent as part of the provision of parental services. Otherwise, the 2001 Scheme wo
- The Third Ground: Trust and Court of Protection costs
- they were described in the Applicant’s Grounds as “ administrative legal costs ”. Under that logic, any legal costs associated with the fatal injury could be captured by paragraph 42(b); that clearly
- the fact a decision maker would consider “ factors and contingencies ” when considering the appropriate multiplier to be applied to payments which fell under paragraph 42(b) was not relevant to the qu
- Analysis
- The Second Ground: Adaptation to accommodation
- The Third Ground: Trust and Court of Protection costs
- Coda: The 2012 Scheme
- Conclusions