LXR, R (on the application of) v First Tier Tribunal (Social Entitlement Chamber)

LXR, R (on the application of) v First Tier Tribunal (Social Entitlement Chamber)

A change in a victim’s understanding of the cause of their mental injury, without a material change in the medical condition itself, does not satisfy the requirements of para 115(b) of the Scheme for re-opening an award. The FTT’s factual finding that there was no material change in LXR’s medical condition was not an error of law. There is no evidence of indirect discrimination under Article 14 ECHR, and the Scheme’s provisions are justified and proportionate.

Parties
Claimant/first Respondent: LXR; Second Respondent: First Tier Tribunal (Social Entitlement Chamber); First Interested Party/appellant: Criminal Injuries Compensation Authority; Second Interested Party: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
12 December 2025
Procedural Posture
Judicial Review (appeal From Upper Tribunal) / Court of Appeal Judgment
Outcome
Appeal allowed; order of Upper Tribunal set aside; order of First Tier Tribunal restored.
Legal Topics
Criminal Injuries Compensation Scheme, Re Opening of Awards, Mental Injury Causation, Article 14 ECHR Discrimination, Judicial Review Procedure
Administrative Law Compensation Law Human Rights Criminal Injuries Compensation Scheme Re Opening of Awards Mental Injury Causation Article 14 ECHR Discrimination Judicial Review Procedure

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Parties

LXR

Claimant/first Respondent

First Tier Tribunal (Social Entitlement Chamber)

Second Respondent

Criminal Injuries Compensation Authority

First Interested Party/appellant

Secretary of State for Justice

Second Interested Party

Procedural Posture

Judicial Review (appeal From Upper Tribunal) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a change in a victim’s understanding of the cause of a mental injury can constitute a material change in medical condition under para 115(b) of the Criminal Injuries Compensation Scheme 2012
  2. 2 Whether the Scheme’s re-opening provisions are discriminatory under Article 14 ECHR

Ratio Decidendi

A change in a victim’s understanding of the cause of their mental injury, without a material change in the medical condition itself, does not satisfy the requirements of para 115(b) of the Scheme for re-opening an award. The FTT’s factual finding that there was no material change in LXR’s medical condition was not an error of law. There is no evidence of indirect discrimination under Article 14 ECHR, and the Scheme’s provisions are justified and proportionate.

Court Disposition

Appeal allowed; order of Upper Tribunal set aside; order of First Tier Tribunal restored.

Orders

  • The order of the Upper Tribunal is set aside.
  • The order made by the First Tier Tribunal is restored.