If you are unhappy with a tribunals decision you can take matters further by going to an Upper Tribunal or Administrative Appeals Chamber. The upper tribunal is independent and will listen to your side of the story. Here you can get a decision cancelled (set-aside).
Generally going to an Upper Tribunal is mainly suggested only when either:-
- A mistake has been made in the actual process itself
- On a legal point,
- Where the tribunal did not give proper reasons for its decision
- Where the tribunal did not back up their decision with facts
Unless the tribunal has made an obvious error we would not suggest employing any professional representation (including ourselves), however, should you feel there was a miscarriage of justice or your case is wrong on a point of law then we would be delighted to represent you.
You can appeal to the upper tribunal in two steps.
Step 1 – Request a statement of reason, this needs to be done within a month, the tribunal’s written decision will provide suitable instructions on how to do this.
Step 2 – Request to the Social Security and Child Support Tribunal for permission to appeal to the Upper Tribunal (Administrative Appeals Chamber). If they refuse you can ask the Upper Tribunal (Administrative Appeals Chamber) directly for permission to appeal.
How to Appeal
You must first get permission from the lower tribunal to appeal the decision. This must be collected within 28 days of their decision. You must then fill out this application form and deliver it to the address listed on the form. If refused permission, you may also use this form to apply for a hearing directly to the upper tribunal. If your appeal is successful, you will then be called in for a hearing.
What to do if your hearing is unsuccessful
You may be able to continue your appeal at the Court of Appeal. To do this, you will first need permission from the Upper Tribunal in your country. You should write to the address below within 28 days of their decision:
England and Wales
Upper Tribunal (Administrative Appeals Chamber)
5th Floor Rolls Building
7 Rolls Buildings
Fetter Lane
London
EC4A 1NL
Scotland
The Upper Tribunal (Administrative Appeals Chamber)
George House
126 George Street
Edinburgh
EH2 4HH
Northern Ireland
Tribunal Hearing Centre
2nd floor
Royal Courts of Justice
Chichester Street
Belfast
BT1 3JF
2.25