MF v First-Tier Tribunal (Social Entitlement Chamber)
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Judgment Date | 11 June 2025 |
| Neutral Citation | [2025] UKUT 181 (AAC) |
| Date | 11 June 2025 |
| Year | 2025 |
Neutral Citation Number:[2025] UKUT 181 (AAC)
IN THE UPPER TRIBUNAL Appeal No. UA-2023-000130-CIC
(ADMINISTRATIVE APPEALS CHAMBER)
Between
MF
Applicant
and
FIRST-TIER TRIBUNAL (SOCIAL ENTITLEMENT CHAMBER)
Respondent
and
CRIMINAL INJURIES COMPENSATION AUTHORITY (CICA)
Interested Party
JUDICIAL REVIEW OF A DECISION OF A TRIBUNAL
Before UPPER TRIBUNAL JUDGE WEST
Date of hearing: 8 May 2025
Date of decision: 11 June 2025
Representation: Mr Anirudh Mandagere, counsel, for the Applicant
(on direct access)
Mr Robert Moretto, counsel, for the Interested Party
(instructed by CICA)
MF and First-tier Tribunal (Social Entitlement Chamber) [2025] UKUT 181 (AAC)
and Criminal Injuries Compensation Authority (CICA)
ON APPEAL FROM
Tribunal First-tier Tribunal (Social Entitlement Chamber)
Tribunal Case No: CI021/22/00118
Tribunal Hearing Date: 9/11/2022
Summary of Decision Criminal injuries compensation - late application for
compensation - paragraphs 89(a) and (b) of Criminal Injuries Compensation
Scheme 2012 - whether knowing of the existence of the criminal injuries
compensation scheme, but not knowing that the conduct complained of was a
crime and/or that it was not conduct for which compensation could be claimed
may be taken into account in deciding whether, due to exceptional
circumstances, the applicant could not have applied earlier for compensation
– whether evidence presented in support of application could be determined
without further extensive enquiries
Keyword Name 70 Criminal injuries compensation
Please note that the Summary of Decision is included for the
convenience of readers. It does not form part of the decision. The
Decision and the Reasons of the Judge follow.
ORDER
Pursuant to rule 14(1)(b) of the Tribunal Procedure (Upper Tribunal)
Rules 2008, it is prohibited for any person to disclose or publish any
matter likely to lead members of the public to identify the applicant in
these proceedings.
Any breach of this order is liable to be treated as a contempt of court
and may be punishable by imprisonment, fine or other sanctions under
UA-2023-000130-CIC
2
MF and First-tier Tribunal (Social Entitlement Chamber) [2025] UKUT 181 (AAC)
and Criminal Injuries Compensation Authority (CICA)
maximum punishment which may be imposed is a sentence of two
years’ imprisonment or an unlimited fine.
DECISION
The judicial review against the decision of the First-tier Tribunal (Social
Entitlement Chamber) dated 9 November 2022 (after an oral hearing on that
date) under file reference CI021/22/00118 is dismissed.
Enforcement Act 2007 and rule 30(1) of the Tribunal Procedure (Upper
Tribunal) Rules 2008.
REASONS
Introduction
1. This case concerns a late application for compensation under the Criminal
Injuries Compensation Scheme 2012 (“the 2012 Scheme” or “the Scheme”)
and in particular the power to extend time under paragraphs 89(a) and (b)
thereof. The Applicant knew of the existence of the Scheme because he had
made a previous claim under it for a separate incident (stabbing), but argued
that he did not know that the conduct later complained of (domestic abuse)
was a crime and/or that it was conduct for which compensation could be
claimed. The judgment considers whether on the facts of this case those
matters may be taken into account in deciding whether, due to exceptional
circumstances, the applicant could not have applied earlier for compensation.
The judgment also considers under the second limb of paragraph 89 whether
evidence presented in support of the application could be determined without
further extensive enquiries.
2. The Applicant brings judicial review proceedings, with my permission,
against a decision of the First-tier Tribunal (“the Tribunal”) which it made on 9
November 2022 after an oral hearing by telephone on that day. The Tribunal
produced its summary of reasons for its decision on the same day and its
statement of reasons on 29 December 2022. The applicant applied to the
UA-2023-000130-CIC
3
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