M, R (on the application of) v Criminal Injuries Compensation Panel

M, R (on the application of) v Criminal Injuries Compensation Panel

A foster child placed with foster parents under the Boarding-Out Regulations is living together as a member of the foster parents' family for the purposes of paragraph 7 of the 1969 Criminal Injuries Compensation Scheme, regardless of blood or legal relationship. The Appeal Board's conclusion that M was excluded from compensation was correct.

Parties
Claimant: M; Defendant: Criminal Injuries Compensation Panel
Jurisdiction
England and Wales
Judgment Date
28 June 2004
Procedural Posture
Judicial Review / Judgment
Outcome
Application dismissed; eligibility exclusion upheld; Human Rights Act issue adjourned.
Legal Topics
Eligibility Under Criminal Injuries Compensation Scheme, Interpretation of 'living Together as Members of the Same Family', Boarding Out Regulations, Human Rights Act Compatibility
Administrative Law Compensation Law Child Law Eligibility Under Criminal Injuries Compensation Scheme Interpretation of 'living Together as Members of the Same Family' Boarding Out Regulations Human Rights Act Compatibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

M

Claimant

Criminal Injuries Compensation Panel

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether a foster child living with foster parents is 'living together as members of the same family' for purposes of exclusion under paragraph 7 of the 1969 Criminal Injuries Compensation Scheme
  2. 2 Compatibility of paragraph 7 with the Human Rights Act

Ratio Decidendi

A foster child placed with foster parents under the Boarding-Out Regulations is living together as a member of the foster parents' family for the purposes of paragraph 7 of the 1969 Criminal Injuries Compensation Scheme, regardless of blood or legal relationship. The Appeal Board's conclusion that M was excluded from compensation was correct.

Court Disposition

Application dismissed; eligibility exclusion upheld; Human Rights Act issue adjourned.

Orders

  • Detailed public funding assessment granted.
  • Parties to keep the court updated on the Scottish Smillie case outcome.