Criminal Injuries Compensation Authority v First-tier Tribunal and SN (JR)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Levenson |
| Neutral Citation | [2018] UKUT 248 (AAC),[2018] UKUT 248 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Subject Matter | Criminal injuries compensation,Criminal injuries compensation - reduction,withholding of awards,Levenson,H |
| Date | 20 July 2018 |
| Published date | 24 August 2018 |
CICA v First-tier Tribunal and SN [2018] UKUT 248 (AAC)
2 JR/1703/2017
DECISION OF THE UPPER TRIBUNAL
(ADMINISTRATIVE APPEALS CHAMBER)
Decision and Hearing
1. This application, brought with my permission given on 4th December 2017,
succeeds. Pursuant to the judicial review jurisdiction of the Upper Tribunal and in
accordance with the provisions of sections 15 to 18 of the Tribunals, Courts and
Enforcement Act 2007 I make a quashing order in respect of the decision of the
First-tier Tribunal (Social Entitlement Chamber) made on 22nd March 2017 under
reference CI 011/16/00024 (CICA reference X/12/213162). By that decision the First-
tier Tribunal allowed an appeal against the decision of the Criminal Injuries
Compensation Authority (“CICA”) not to make an award to the interested party (“the
claimant”).
2. I refer the matter to the Social Entitlement Chamber of the First-tier Tribunal for a
fresh hearing and decision by a panel that does not include any judge or member who
has previously considered any of the matters relating to the interested party. The
parties should regard themselves as being on notice to send to the clerk to the tribunal
as soon as is practicable any further relevant written medical or other evidence. The
new panel shall make its own findings of fact and decision irrespective of the views of
any other judge or member who has considered the matter hitherto. It is limited to
considering the issues that were addressed in the CICA review decision that is under
appeal.
3. I held an oral hearing of this application for judicial review at Field House
(London) on 5th July 2018. CICA was represented by Robert Moretto of counsel. The
First-tier Tribunal is the respondent but had, quite properly, taken no part in the
proceedings. The interested party SN is the claimant for compensation. She did not
attend in person but was represented by Joshua Yetman of counsel on behalf of the
Free Representation Unit. I am grateful to them for their assistance.
The Legal Framework
5. The Criminal Injuries Compensation Scheme 2008 (“the 2008 scheme” - the
relevant scheme for the purposes of this case) was established under the provisions of
the Criminal Injuries Compensation Act 1995. It was approved by parliament and is
delegated legislation. It provides for compensation of victim of crimes of violence in
specified circumstances and subject to specified conditions. So far as is relevant,
paragraph 13 of the 2008 scheme provides as follows:
13(1) A claims officer may withhold or reduce an award where he or she
considers that:
…
(e) the applicant’s character as shown by his or her criminal
convictions (excluding convictions spent under the Rehabilitation of
Offenders Act 1974 at the date of application …) or by evidence
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