Cases we handle
Human Rights - decisions of the Social Entitlement Chamber of the First-tier Tribunal
Under section 7 of the Human Rights Act 1998 a person who claims that a public authority has acted or proposes to act in a way that is incompatible with a ‘Convention right’ may rely on that right in any legal proceedings, including appeals to the First-tier Tribunal and the Upper Tribunal. This means that the Act and the Convention rights must be applied by all national or local government departments. They must also be applied by the First-tier Tribunal and the Upper Tribunal.
A Convention right is a right established under the European Convention on Human Rights and incorporated into British law by or under the Human Rights Act 1998. Any party to a First-tier Tribunal decision is entitled to apply to the Administrative Appeals Chamber of the Upper Tribunal on the grounds that the decision is incompatible with the party's human rights. But a reference to "human rights" must be a specific reference to one of the rights set out in that Convention and adopted into British law by the 1998 Act. If a party raises an issue of human rights without identifying which right, an Upper Tribunal judge will direct the party to identify the right considered to be relevant. See the links below for a statement of the rights.
Relevant legislation
Note:
From 3 November 2008 the new Upper Tribunal has taken over the work of the Social Security, Child Support and Pensions Appeal Commissioners. The Commissioners formerly handled appeals from tribunals that are now covered by the Social Entitlement Chamber, and the War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal.
The Upper Tribunal also deals with appeals from the Health, Education and Social Care Chamber of the First-tier Tribunal.
Page last updated 03 November 2008
