[2025] UKUT 218 (AAC)

The FTT made an error of law (which means, a legal mistake) by failing to explore, and evaluate, WS’s wider circumstances and the reasons he did not know about the Criminal Injuries Compensation Scheme 2012, including as part of the circumstances preventing WS applying for compensation before November 2022.

I agree with CICA’s submissions that R(JA) indicates an FTT needs to explore a person’s wider circumstances, including why the person did not know the Scheme existed. As Upper Tribunal Judge Wright explained at paragraph 31 of R(JA), this frames the reasonableness of what the person did, or did not do, to find out about the Scheme. It is also part and parcel of the package of circumstances resulting in the person not applying for compensation sooner (paragraph of R(JA), which cites, with approval, paragraph 45 of MM).

As set out in R(JA), the FTT acknowledged that ignorance of the 2012 Scheme is a relevant factor in considering exceptional circumstances under paragraph 89 of the 2012 Scheme. The FTT failed, however, to carry out an evaluation of WS’s wider circumstances in the way indicated in R(JA). The FTT therefore made a material error of law in reaching its decision dated 22 March 2024.

Having decided the FTT made a material error of law as set out above, this is sufficient for the Upper Tribunal to determine these proceedings. It is therefore unnecessary to decide whether the FTT made an error of law in terms of either or both of the grounds summarised at paragraph 14(a) and (b) above.