PI Brief Update

A Matter of Construction: Home Extensions under the Criminal Injuries Compensation Scheme - Georgina Pressdee, Temple Garden Chambers

18/11/25. On 12 September 2025, the Court of Appeal handed down its unanimous decision in Stephenson v First-Tier Tribunal (Social Entitlement Chamber) v Criminal Injuries Compensation Authority [2025] EWCA Civ 1160. The lead Judgment from Dingemans LJ clarifies the construction of paragraph 42(b) of the 2001 Criminal Injuries Compensation Scheme and comments on the recoverability of home extensions more generally.

Issues

Paragraph 42 makes provision for additional compensation to qualifying Claimants who were dependent on the deceased for parental services and under 18 at the time of their death. Paragraph 42 permits “such other payments as a claims officer considers reasonable to meet other resultant losses". The central issue in the appeal was how “other resultant losses” should be defined.

Factual Background

The Claimant, now aged 29, suffers from Kabuki syndrome and received the majority of his care from his mother before her death at the hands of his father when he was seven. He moved in with his maternal aunt, who had an extension built (including a wet room) to accommodate him and his siblings.

Procedural Background

The First-tier Tribunal (FTT) awarded the costs of appointing a deputy in the Court of Protection but not the costs associated with the Claimant’s trust, Court of Protection application or the extension. The FTT concluded that “other resultant losses” were those arising from the loss of parental services, which did not include...

Image ©iStockphoto.com/Ceri Breeze

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