This factsheet looks at the new appeal structure with reference to the relevant legislation.
1. Background
In 1999 the Leggatt Report on the reform of tribunals, Tribunal for Users – One System, One Service, highlighted a number of deficiencies in the appeal structure in terms of the independence and efficiency of tribunals. Among its many recommendations was that “the citizen should be presented with a single, overarching structure, giving access to all tribunals”, in effect a unified appeal system.
Government response to these suggestions was at first lukewarm but by March 2003 it was agreed that there was a need for reform.
In July 2004 the Department for Constitutional Affairs published a white paper, Transforming Public Services: Complaints, Redress and Tribunals, which followed the findings of the Leggatt report with regard to the appeal system but also considered alternative ways to solve disputes which avoid the necessity for an appeal.
2. Tribunals, Courts and Enforcement Act
On 19 July 2007 The Tribunals, Courts and Enforcement Act received Royal Assent and laid out a new two tier appeal system: the first tier to hear appeals to tribunals, the upper tier to hear appeals from the lower tier to what are currently commissioners.
The consultation proposed that the two tier be subdivided into a number of chambers. The Government response to this consultation was to accept the proposals.
3. Implementation of the new appeal system
The new appeal structure began on 3 November 2008 with the creation of the two tier appeal system and the first tribunal chambers. Other chambers are being added over time.
Under the new system the tribunal chair and the commissioners are to be known as judges. However social security and child support appeals in Northern Ireland continue to be dealt with by Commissioners.
3.1 The First Tier
The Chambers in the First Tier are the:
General Regulatory Chamber
Health, Education and Social Care Chamber
Social Entitlement Chamber
Tax Chamber
War Pensions and Armed Forces Compensation Chamber (applies only in England and Wales)
The Social Entitlement Chamber
The Social Entitlement Chamber hears appeals:
on asylum support cases;
on criminal injuries compensation cases;
regarding entitlement to, payments of, or recovery or recoupment of payments of, social security benefits, child support, vaccine damage payment, health in pregnancy grant, tax credits and child trust funds;
regarding payments in consequence of diffuse mesothelioma;
regarding a certificate or waiver decision in relation to NHS charges;
regarding entitlement to be credited with earnings or contributions;
against a decision as to whether an accident was an industrial accident.
Tribunal members
The number of tribunal members are still dependent on the appeal being made, for example whether it is a disability living allowance or employment and support appeal. See our Factsheet F36 - reconsideration and appeal - the basics for more information.
3.2 The Upper Tribunal
The Upper Tribunal hears appeals from the first tier. The chambers are the:
Administrative Appeals Chamber
Finance and Tax Chamber
Lands Chamber
Appeals from the Social Entitlement Chamber are heard by the Administrative Appeals Chamber.
3.3 Appeals to the Court of Appeal
Permission to appeal to the Court of Appeal in England and Wales or leave to appeal to the Court of Appeal in Northern Ireland shall not be granted unless the Upper Tribunal or, where the Upper Tribunal refuses permission, the relevant appellate court, considers that:
the proposed appeal would raise some important point of principle or practice; or
there is some other compelling reason for the relevant appellate court to hear the appeal.
4. The role of the Tribunals Service
The Tribunals Service continues to provide administration of the new appeal system. See our Factsheet F36 - reconsideration and appeal - the basics for more information.
5. Relevant law and guidance on appeal tribunal reform
The Transfer of Tribunal Functions Order 2008 (SI 2008/2833) - This creates the new two tier tribunal structure; the First-tier Tribunal and the Upper Tribunal and enables existing tribunals to be transferred into the new structure whilst, at the same time, abolishing the old tribunals.
The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (SI 2008/2683) - This makes consequential amendments and transitional provisions in respect of the transfer of functions of tribunals on 3rd November 2008 to the First-Tier Tribunal and Upper Tribunal.
The First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 (SI 2008/2684) - This organises the First-tier Tribunal and Upper Tribunal into chambers and makes provision for the allocation of the First-tier Tribunal and Upper Tribunal’s various functions between its chambers.
The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 (SI 2008/2685) - These govern the practice and procedure to be followed by appeals allocated to this chamber.
Tribunals, Courts and Enforcement Act 2007 - Section 11(5)of the Act and and the Appeals (Excluded Decisions) Order 2008 (SI 2008/2707) lay out decisions against which there is no right of appeal to the upper tribunal.
The Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698) - These govern the practice and procedure to be followed by appeals allocated to this chamber.
The Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal Order 2008 (SI 2008/2692) and The Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal (Amendment) Order 2009 (SI 2009/1592) - These set out the qualifications or experience that a person must have in order to be eligible for appointment as a member of the First-tier Tribunal or Upper Tribunal, who is not a judge of the tribunal.
The First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 (SI 2835/2008) - This sets out the rules for the composition of tribunals.
The Appeals from the Upper Tribunal to the Court of Appeal Order 2008 (SI 2008/2834) - Sets out the rules for appeal from the Upper Tribunal to the Court of Appeal.
You can also obtain copies of our factsheets, or order our publications, by contacting Disability Alliance on 020 7247 8776 (voice and minicom) or by fax on 020 7247 8765.
