Upper Tribunal
"WHAT IS THE UPPER TRIBUNAL?"
The ‘Upper Tribunal’ is the higher court of the new two-tiered Tribunal system, consisting of the First-tier Tribunal and the Upper Tribunal. It hears appeals against the decisions of the First-tier Tribunal and also has the power to conduct judicial reviews.
Parents or young people who wish to appeal against decisions of the Upper Tribunal can apply to the Court of Appeal. The Upper Tribunal Administrative Appeals Chamber (UT(AAC)) considers appeals against Health, Education and Social Care decisions of the First-tier Tribunal.
"WHAT CAN THE UPPER TRIBUNAL DO?"
The Upper Tribunal can make a new decision to correct the First-tier Tribunal’s ‘error of law’ or refer the case to a new First-tier Tribunal with directions to make sure that the ‘error of law’ is not repeated in the new hearing.
"WHAT CAN I APPEAL ABOUT TO THE UPPER TRIBUNAL?"
Parents or young people can only appeal to the Upper Tribunal about an ‘error of law’ that the First-tier Tribunal has made. An ‘error of law’ is an error made in the application of the law or of legal procedures. This would include errors such as applying the wrong piece of legislation, overlooking relevant case law, taking into account irrelevant facts, or making an irrational decision based on the facts presented. This is not a conclusive list of what would constitute an ‘error of law’ and therefore grounds for appeal, so you should always seek independent legal advice if you are unsure about your case.
"HOW DO I APPEAL TO THE UPPER TRIBUNAL?"
To appeal to the Upper Tribunal, you must first obtain permission to do so from the First-tier Tribunal, by writing a letter to the First-tier Tribunal that heard your case. Your letter must reach the First-tier Tribunal’s office within one month of the date on the statement of reasons (for the Tribunal’s original decision) that was sent to you.
If the First-tier Tribunal grants you permission to appeal to the Upper Tribunal, you must apply for appeal to the Upper Tribunal within one month, using the appropriate form.
The ‘Upper Tribunal’ is the higher court of the new two-tiered Tribunal system, consisting of the First-tier Tribunal and the Upper Tribunal. It hears appeals against the decisions of the First-tier Tribunal and also has the power to conduct judicial reviews.
Parents or young people who wish to appeal against decisions of the Upper Tribunal can apply to the Court of Appeal. The Upper Tribunal Administrative Appeals Chamber (UT(AAC)) considers appeals against Health, Education and Social Care decisions of the First-tier Tribunal.
"WHAT CAN THE UPPER TRIBUNAL DO?"
The Upper Tribunal can make a new decision to correct the First-tier Tribunal’s ‘error of law’ or refer the case to a new First-tier Tribunal with directions to make sure that the ‘error of law’ is not repeated in the new hearing.
"WHAT CAN I APPEAL ABOUT TO THE UPPER TRIBUNAL?"
Parents or young people can only appeal to the Upper Tribunal about an ‘error of law’ that the First-tier Tribunal has made. An ‘error of law’ is an error made in the application of the law or of legal procedures. This would include errors such as applying the wrong piece of legislation, overlooking relevant case law, taking into account irrelevant facts, or making an irrational decision based on the facts presented. This is not a conclusive list of what would constitute an ‘error of law’ and therefore grounds for appeal, so you should always seek independent legal advice if you are unsure about your case.
"HOW DO I APPEAL TO THE UPPER TRIBUNAL?"
To appeal to the Upper Tribunal, you must first obtain permission to do so from the First-tier Tribunal, by writing a letter to the First-tier Tribunal that heard your case. Your letter must reach the First-tier Tribunal’s office within one month of the date on the statement of reasons (for the Tribunal’s original decision) that was sent to you.
If the First-tier Tribunal grants you permission to appeal to the Upper Tribunal, you must apply for appeal to the Upper Tribunal within one month, using the appropriate form.
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This information is meant to be helpful but Douglas Silas Solicitors cannot be responsible for any loss caused by reliance upon it. If you have concerns about your child, please seek professional educational/healthcare advice. Should you find anything which you believe to be inaccurate please Contact Us as soon as possible.
