R(CFP) v First-tier Tribunal and CICA, Secretary of State for Justice (interested parties): [2023] UKUT 145 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 21 June 2023.
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Judicial Summary
Criminal injuries compensation - 2012 scheme paragraph 17 - requirement that criminal injury be “sustained” post-1964 - applicant suffered abuse pre-1964 but psychological injury (Post Traumatic Stress Disorder) continued after 1964 - first issue: was criminal injury “sustained” post 1964 - decision in R(LM) v CICA considered - how applied to longer-term psychological injury? - held: “mental injury” sustained when event giving rise to mental injury occurred - second issue: was exclusion of those who sustained criminal injury pre-1964 in breach of European Convention on Human Rights? - held: those who suffered injury pre-1964 did have “status”, but the differential treatment was justified - indirect discrimination on grounds of sex (applicant was female) not made out on facts.