[2024] UKUT 84 (AAC)

The second and third line of reasoning was that

“the recovery of the cost of an extension would be significantly widening the remit of the scheme. Paragraph 35 lists special expenses which may be compensable where the applicant has a loss of earnings claim. Paragraph 35 is not directly relevant as Dominic’s claim falls to be determined under paragraphs 37 to 44 of the scheme. However, it is of note that whilst paragraph 35 allows the reasonable cost of adaptations it does not include the costs of an extension.”

Firstly, reliance upon paragraph 35 in a case where it did not apply, was wrong. One need only consider the Tribunal’s reliance on the Guidance only two paragraphs above, at [37] to establish the point. The Tribunal listed “the cost of someone else obtaining parental responsibility” as an example of a type of claim which was recoverable. Such a loss was not found in paragraph 35 of the Scheme. The very fact of its existence as an example illustrated that the types of loss in fatal cases under the 2001 Scheme were fact specific and not confined to the list for other special expenses. It was therefore erroneous to place such weight on a non-applicable paragraph of the scheme.

Secondly, the fact that adaptations were allowed, but extensions were not referred to was contrary to the plain everyday meaning of the word ‘adaptation’ which might require an extension so that the accommodation was suitable. Again, reliance was placed upon dictionary definitions:

the Penguin Pocket Dictionary read:

“Adapt ‘to make or become suited to different circumstances’”