Wednesday 8 – Thursday 9 November 2023
By Appellants Notice filed on 12 December 2022, AXO (the Claimant below; a child) appeals the decision sealed 11 October 2022 of the Upper Tribunal (Administrative Appeals Chamber).
Issue: whether all or part of AXO’s settlement in civil proceedings was received as a “payment in respect of the same injury” as an award made by CICA to AXO Lawfulness of the “in respect of the same injury” provision in s49 (1) of the Criminal Injuries Compensation Scheme 2008 ( the 2008 Scheme).
Background – AXO’s mother was murdered by her former partner. CICA made an award of £25,500 to AXO. AXO subsequently received £15,000 in settlement of her civil claim against 3 State Defendants ( the relevant police force, social services and the probation service) under the Human Rights Act 1998 for breaches of Convention rights under Articles 2 & 3 in relation to their alleged failure to protect the mother in the period prior to her murder.
CICA decided AXO had to repay £15,000 pursuant to s49 (1) as the settlement was in respect of the “same injury.” The First Tier Tribunal upheld that decision; finding the entirety of the civil settlement was made in respect of the mother’s loss of life.
The Upper Tribunal found that only the £10,000 damages for breach of Article 2 were received in respect of the mother’s death and fell within s49 (1).