The King (On the Application of JA) vs First-tier Tribunal

This case involved a judicial review of a decision by the First-tier Tribunal regarding a criminal injuries compensation claim made by JA, who appealed against the refusal of her application due to a delay in submission.

TLDR:

• JA applied for criminal injuries compensation five years after the incident.
• The First-tier Tribunal rejected her application due to the delay.
• The Upper Tribunal quashed this decision and remitted the case for a fresh hearing.

The claimant, JA, sought compensation from the Criminal Injuries Compensation Authority (CICA) for an incident that occurred on 2 June 2011. She did not apply for compensation until 29 April 2016, which was outside the two-year time limit stipulated by the Criminal Injuries Compensation Scheme 2012.

The First-tier Tribunal (FTT) initially rejected JA's application, stating that her ignorance of the scheme was no excuse for the delay. JA had previously succeeded in a judicial review challenge against an earlier FTT decision on similar grounds.

JA argued that she was unaware of the compensation scheme until 2016 and that her delay was due to exceptional circumstances. The FTT found that JA was actively seeking justice through other means and could have discovered the scheme earlier.

Upper Tribunal Judge Wright reviewed the FTT's decision, focusing on whether the FTT had adequately considered JA's ignorance of the scheme as part of the exceptional circumstances under rule 89 of the 2012 Scheme.

The Upper Tribunal found that the FTT had erred in law by not fully exploring why JA was unaware of the scheme and by dismissing her ignorance as irrelevant. The Upper Tribunal also noted that the FTT did not properly consider JA's vulnerabilities as a vulnerable adult.

Consequently, the Upper Tribunal quashed the FTT's decision and remitted the case to be reheard by a newly constituted FTT. The new FTT is directed to consider JA's ignorance of the scheme and her vulnerabilities in accordance with the law.

This case highlights the importance of considering the reasons behind an applicant's delay in making a claim and the need for tribunals to thoroughly assess the circumstances surrounding such delays.

Legal representatives: Mr. Robert Moretto for the Criminal Injuries Compensation Authority, Mr. Gibson for the applicant.

Judicial Panel: Upper Tribunal Judge Wright

Case Citation Reference: [2024] UKUT 121 (AAC)