Appealing to the Commissioners

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The only grounds for appeal to a Commissioner are that the tribunal's decision is based on an error in law. Case R(A)1/72 lists the tests to be applied if a decision may be held to be erroneous in law-

• "it contains a false proposition of law ex facie; or
• it is supported by no evidence; or
• the facts found were such that no person acting judicially and properly instructed as to the relevant law could have come to the determination in question; or
• there has been any breach of the obligation to act according to the demands of natural justice; or
• there has been a failure adequately to observe the requirement 14(2) of the National Insurance (Attendance Allowance) Regulations [S.I.1971 No.621] to set out the review's decision in writing"

The judgement also states that the "claimant, looking at the decision, should be able to discern on the face of it the reasons why the evidence has failed to satisfy the authority."

Apellants should take the following steps to initiate an appeal to the Commissioners.

• 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 tribunal chairperson for leave to appeal. This must be done within one month of being sent the statement of reasons
• Appeal to the Commissioner using form OSSC1 within one month of being given leave to appeal

If the chairperson refuses to give leave to appeal then application for leave to appeal can be made directly to the Commissioner. 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.