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The mother of a murder victim has been granted leave for judicial review over her exclusion from the criminal injuries compensation scheme.
Mary Ennis was entitled to £10,000 compensation under the controversial tariff-based compensation scheme introduced by Michael Howard in April 1994. But she lost this right when the scheme was thrown out by the House of Lords in April 1995.
The old scheme was re-introduced to give time for Howard to get parliamentary approval for a new scheme.
Although her application was lodged before the Lords' decision, Ennis' claim was reassessed under the old scheme, which did not entitle her to compensation.
Ennis would also be eligible under the new compensation scheme introduced this month. She will now contest the legality of her situation in court.
Her solicitor, Andrew Dismore, of Russell Jones & Walker, said: "This is another example of the Home Secretary's failure properly to compensate victims of crime. He could easily...provide for Mrs Ennis but is unwilling to do so."