M, R (on the application of) v Criminal Injuries Compensation Panel [2004] EWHC 1701 (Admin) (28 June 2004)

M, R (on the application of) v Criminal Injuries Compensation Panel [2004] EWHC 1701 (Admin) (28 June 2004)

A foster child placed with foster parents under the Boarding-Out Regulations is living together with them as a member of the same family for the purposes of paragraph 7 of the 1969 Criminal Injuries Compensation Scheme, and is therefore excluded from compensation for injuries inflicted by a member of that household.

Citation
[2004] EWHC 1701 (Admin)
Parties
Claimant: M; Defendant: Criminal Injuries Compensation Panel
Jurisdiction
England and Wales
Judgment Date
28 June 2004
Procedural Posture
Judicial Review / Judgment on Eligibility Under the Criminal Injuries Compensation Scheme; Human Rights Act Issue Adjourned
Outcome
Claim dismissed on the eligibility issue; Human Rights Act issue adjourned.
Legal Topics
Criminal Injuries Compensation, Eligibility Under Compensation Schemes, Interpretation of 'family' and 'household' in Statutory Schemes, Human Rights Act Compatibility
Administrative Law Criminal Law Compensation Law Criminal Injuries Compensation Eligibility Under Compensation Schemes Interpretation of 'family' and 'household' in Statutory Schemes Human Rights Act Compatibility

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Parties

M

Claimant

Criminal Injuries Compensation Panel

Defendant

Procedural Posture

Judicial Review / Judgment on Eligibility Under the Criminal Injuries Compensation Scheme; Human Rights Act Issue Adjourned

Legal Issues

  1. 1 Whether a foster child living with foster parents is 'living together as members of the same family' under paragraph 7 of the 1969 Criminal Injuries Compensation Scheme, thus excluded from compensation
  2. 2 Interpretation of 'family' and 'household' in the context of foster care arrangements
  3. 3 Compatibility of paragraph 7 with the Human Rights Act (adjourned)

Ratio Decidendi

A foster child placed with foster parents under the Boarding-Out Regulations is living together with them as a member of the same family for the purposes of paragraph 7 of the 1969 Criminal Injuries Compensation Scheme, and is therefore excluded from compensation for injuries inflicted by a member of that household.

Court Disposition

Claim dismissed on the eligibility issue; Human Rights Act issue adjourned.

Orders

  • Claim for judicial review on eligibility dismissed
  • Question of Human Rights Act compatibility adjourned pending outcome of Scottish case (Smillie)