TRIBUNAL’S DECISION: You will receive notice of the outcome either:
- Straight away after the hearing.
- By letter through the post.
What if you still dispute the decision made at the tribunal? In some cases you can:
- Get a decision cancelled (set aside).
- Appeal to the Upper Tribunal (Administrative Appeals Chamber).
Note: The tribunal decision letter will provide further detailed information.
Getting a Tribunal Decision Set Aside
You will receive information on how to get a decision cancelled (process set aside). It only applies if you have a reason to feel there was a mistake. You can contact your nearest Citizens Advice office for further help.
How to Appeal to the Upper Tribunal
You may appeal to the Upper Tribunal (Administrative Appeals Chamber). But, there must be a legal reason why you think the decision was wrong. As a rule, an appeal would be valid if the tribunal:
- Failed to give proper reasons for their decision.
- Failed to ‘backup’ the decision with solid facts.
- Did not apply the law on tribunal legislation properly.
3 Steps of Appeal to the Administrative Appeals Chamber
You must follow these three steps if you plan on making an appeal to the Upper Tribunal.
- Ask the Social Security and Child Support Tribunal for full written reasons within one month of the decision date. This process is also called a ‘statement of reasons’. Your decision letter explains how to do this.
- Get permission to appeal to the Upper Tribunal (Administrative Appeals Chamber) from the Social Security and Child Support Tribunal.
- The Social Security and Child Support Tribunal may refuse this request. In this case you should ask the Upper Tribunal (Administrative Appeals Chamber) for permission to appeal.
All tribunals must follow the relevant rules according to the Social Entitlement Chamber tribunal procedure rules 2008 (First-tier Tribunal).
Note: It governs how tribunal cases – such as an appeal to the Social Security and Child Support Tribunal – get handled.