[2025] UKUT 306 (AAC)

Appeal No. UA-2024-001273-CIC

On judicial review from the First-tier Tribunal (Social Entitlement Chamber)

Between:

The King on the application of TB

Applicant

- and -

The First-tier Tribunal (Social Entitlement Chamber)

Respondent

- and -

The Criminal Injuries Compensation Authority

Interested party

Before: Upper Tribunal Judge Butler

Decision date: 10 September 2025

Decided on considerationof the papers

Representation:

Appellant: M. Culverhouse, Irwin Mitchell LLP

Respondent: Louis Browne K.C. (Counsel), representing CICA

On judicial review of:

Tribunal: The First-tier Tribunal (Social Entitlement Chamber)

Tribunal Case No: 1706-1101-1273-9711

Hearing: By CVP video

Decision Date: 31 May 2024

SUMMARY OF DECISION

Criminal injuries Compensation (70.1 Claims)

The First-tier Tribunal made an error of law in not approaching the issue of exceptional circumstances under paragraph 89 of the Criminal Injuries Compensation Scheme 2012 consistently with the Upper Tribunal’s decision in R(JA) v First-tier Tribunal (Criminal Injuries Compensation Authority Interested Party) [2024] UKUT 121 (AAC). Decision quashed and remitted to new Tribunal.

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

DECISION