[2025] UKUT 306 (AAC)

On 20 January 2024, TB appealed to the First-tier Tribunal (“FTT”). Her appeal was heard as a CVP video hearing by an FTT on 31 May 2024. The FTT refused TB’s appeal. It acknowledged TB’s evidence that she did not know about the 2012 Scheme until she was informed about it by a friend in 2021. The FTT found that once TB was made aware of the 2012 Scheme, she was able to make her application within one month.

The FTT decided that lack of knowledge of the 2012 Scheme does not constitute an exceptional circumstance (paragraph 24 of written reasons). The FTT addressed this issue in more detail at paragraph 29 of its written reasons. It wrote that lack of knowledge of the 2012 Scheme will not form an adequate reason for delay and that it accepted CICA’s position that lack of knowledge of the 2012 Scheme would not routinely be accepted as an exceptional circumstance. The FTT wrote:

“This accords with a fundamental tenet of the British legal system; ignorance of the law is no defence – as applied in this case: ignorance of the Scheme is no defence to a significantly late application.”

The FTT wrote that it accepted TB had a great deal going on in her life; bringing up her children and caring for her parents. It noted that TB’s children are diagnosed with ongoing medical conditions, but concluded these would not have prevented her applying for compensation once she learned of the 2012 Scheme. The FTT explained that TB was able to apply successfully for universal credit, disability living allowance and carer’s allowance, which it likened to the criminal injuries compensation scheme as involving completing straightforward and clear forms.

The FTT also referred to TB experiencing difficulties with her mental health but decided that there were significant periods when TB did not need to stay at home and could have made an application for compensation had she known about the 2012 Scheme. The FTT decided that TB’s mental health would not have precluded her making an application if she had known about the 2012 Scheme. The FTT decided that TB had not applied within the two-year period set out in paragraph 87 of the 2012 Scheme and her circumstances did not meet the requirements of paragraph 89 for exceptional circumstances to apply.