R(SP) v The First-tier Tribunal and The Criminal Injuries Compensation Authority (Interested Party) (CIC): [2026] UKUT 221 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Smith on 11 June 2026.
Read the full decision in .
Judicial Summary
This is an application for judicial review of a decision of the First-tier Tribunal dated 3 April 2024, which upheld a refusal by the Criminal Injuries Compensation Authority to re-open the Applicant’s award under paragraph 115(b) of the Criminal Injuries Compensation Scheme 2012 (“the 2012 Scheme”). The Applicant had received an award for a disabling mental injury assessed as long-term but not permanent. She later sought to re-open her claim following a new diagnosis. The FtT dismissed the appeal, finding no material change in the Applicant’s condition between acceptance of the award and the date of the request to re-open it. The Upper Tribunal dismissed the application for judicial review. It held that the FtT erred in law by failing to make a finding as to whether the Applicant’s condition had become permanent, which is a key differential within the tariff structure contained in Part A of Annex E of the 2012 Scheme and therefore relevant to the question of material change in this appeal. However, that error was not deemed to be material as no reasonable tribunal would consider that the evidence established permanence or the higher level of disablement required to increase the award, even if the matter was expressly considered. There was no procedural impropriety in failing to obtain further medical evidence to deal with these matters.