Appealing to the Upper Tribunal

The only grounds for appeal to the Upper Tribunal are that the first-tier tribunal's decision is based on an error in law. A leaflet produced by the Tribunals Service gives the following examples of where the tribunal may be wrong in law:

• The tribunal did not apply the correct law or wrongly interpreted the law.
• The tribunal made a procedural error.
• The tribunal had no evidence, or not enough evidence, to support its decision.
• The tribunal did not give adequate reasons for its decision in the written statement of its reasons.

The leaflet also states that the above are only examples and that the tribunal may be wrong in law for some other reason.

Apellants should take the following steps to initiate an appeal to the Upper Tribunal.

• Ask for a statement of reasons for the decision made by the tribunal within one month of the date that the decision was issued.
• Ask the first-tier tribunal judge for leave to appeal. This must be done within one month of being sent the statement of reasons
• Appeal to the Upper Tribunal using form OSSC1 within one month of being given leave to appeal. This form can be downloaded from the Tribunals Service website

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If the first-tier tribunal judge refuses to give leave to appeal then application for leave to appeal can be made directly to the Upper Tribunal Judge . This should be done within one month of the refusal being issued. Applicants should use form OSSC1 and should enclose the tribunal decision notice, the tribunal's statement of reasons and the notice refusing leave to appeal.

There is no right of appeal to the Court of Appeal if a first-tier judge refuses you leave to appeal although you may be able to apply for a judicial review. Before applying for judicial review you should seek expert legal advice as you may become liable for costs.

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Appealing an Upper Tribunal Decision.

If your case is heard and you are not satisfied with the outcome you may appeal against the Commissioner's decision to the Court of Appeal. You need leave from the Upper Tribunal judge in order to appeal. If the Commissioner refuses to grant leave then this may be obtained from the Court.