Criminal injuries compensation must only be repaid where there is ‘double recovery’, the Court of Appeal has held.
In R (AXO, a Child, by her litigation friend JXO) v First-Tier Tribunal (Social Entitlement Chamber) [2024] EWCA Civ 226, the appellant’s mother was subjected to domestic abuse over a long period. State agencies were aware and were involved in trying to protect the mother, but failed to do so. In 2011, when the appellant was five years old, her mother was murdered by the ex-partner.
In 2012, the appellant received £5,500 for bereavement, and £20,000 for loss of parental services, from the Criminal Injuries Compensation Authority (CICA). She brought civil proceedings against the state agencies (police, social services and probation) alleging breaches of her human rights, with the claim settling in 2019 for £15,000 (£10,000 for breach of her Art 2 rights and £5,000 for Art 3).
However, CICA then tried to claim back its award.
The appellant contended that CICA’s attempt to do so was unlawful as it was an ultra vires use of the Criminal Injuries Compensation Act 1995 and breached her rights under Arts 2 and 13 of the European Convention.
The Court of Appeal considered the meaning of para 49(1) of the 2008 Criminal Injuries Compensation Scheme, which requires repayment if the person receives payment from another ‘in respect of the same injury’.
Giving the lead judgment, Lady Justice Whipple held the 2008 scheme allows CICA to reclaim an award ‘only where there would otherwise be double recovery’. There was no double recovery in relation to the award for lost parental services, but there would be double recovery in respect of the bereavement award.
Whipple LJ said: ‘It is therefore open to CICA to demand repayment of £5,500 (the amount of the bereavement award) from the £10,000 [human rights damages].’
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