Disability Alliance Factsheet

Appeal tribunal reform

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.

In November 2007 The Ministry of Justice issued a consultation paper Transforming tribunals: implementing part 1 of the Tribunals, Courts and Enforcement Act 2007 , which set out the government's plans for implementing part 1 of the Act (to which Disability Alliance responded).

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:

The Social Entitlement Chamber

The Social Entitlement Chamber hears appeals:

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:

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:

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

6. Where can I get more help and information?

You can find more information about the appeal structure on the Tribunals Service website at www.tribunals.gov.uk.

For more information on the appeals process see the following factsheets:

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.

www.disabilityalliance.org - 17 November 2009