
Disclosure Team
Ministry of Justice
102 Petty France
London
SW1H 9AJ
Henrietta Taylor
xxxx.xxxxxx@xxxxxxx.xxx.xx
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
10 March 2023
Dear Ms Taylor,
Freedom of Information Act (FOIA) Request – 230215042
Thank you for your request received on the 15 February 2023, in which you asked for the
following information from the Ministry of Justice (MoJ):
- I would like to know how many applications for compensation were made between
2010 and the most recent date available. Please could you provide data on how many
were successful and how many were unsuccessful, broken down by year, as per my
last MOJ request (e.g. 2009/2010, 2010/2011, 2011/2012... 2021/2022, 2022/2023)
- In 2011 and 2013, £16,000 was deducted from someone each year for 'living
expenses'. I would like to know specifically what living expenses consist of.
Your request has been handled under the FOIA. I can confirm that the MoJ holds the
information that you have requested, and I have provided the information in the table below.
It should be noted that the information provided below is internal management information
and not quality assured to the same level as published information and subject to change.
Please also note that the number of successful claimants and refusals in any given year
does not relate to the number of claims made in that year.
YEAR
NUMBER OF
GRANTED
NUMBER OF
APPLICATIONS
UNDER S133
APPLICATIONS
RECEIVED
REFUSED
2009/10
38
1
41
2010/11
61
1
42
2011/12
38
3
35
2012/13
36
1
31
2013/14
45
7
40
2014/15
43
2
48
2015/16
29
2
24
2016/17
51
1
31
2017/18
36
0
29
2018/19
59
0
40
2019/20
98
5
75
2020/21
80
4
93
2021/22
73
5
71
2022/23
95
12
59
In respect of your second question, the Independent Assessor (IA) may make a deduction
from a pecuniary award in respect of saved living expenses; that is the cost applicants would
have been required to pay for essentials (for example rent or mortgage payments) out their
net income, had they not been imprisoned as a result of a miscarriage of justice. Such a
deduction would only apply to essentials and would not include optional or enhanced
expenditure such as luxuries and leisure activities. The deduction of saved living expenses
does not represent a charge for 'board and lodging' or 'bed and breakfast' in prison and is
not intended to cover the cost to the state of an applicant’s imprisonment. The IA is not
required to deduct an amount for saved living expenses in all cases. For example, no
deduction would be made where most of the expenditure on living expenses was incurred
despite the period of imprisonment, usually because the period of imprisonment, if any, was
very short or the applicant’s domestic commitments were such that no significant saving was
made.
Appeal Rights
If you are not satisfied with this response, you have the right to request an internal review by
responding in writing to the address below within two months of the date of this
response.
xxxx.xxxxxx@xxxxxxx.xxx.xx
Disclosure Team, Ministry of Justice
You do have the right to ask the Information Commissioner’s Office (ICO) to investigate any
aspect of your complaint. However, please note that the ICO is likely to expect internal
complaints procedures to have been exhausted before beginning their investigation.
Yours sincerely,
R P Suchak
Rupal Patel-Suchak,
Miscarriages of Justice Applications Service
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