The cases we handle

Unfair decisions of tribunals

When an Upper Tribunal judge is considering whether a decision of the First-tier Tribunal is erroneous in law, s/he will consider whether the decision of the Tribunal is unfair to any party for any procedural or discriminatory reason, in accordance with legislation (including the Human Rights Act 1998 and the Race Relations Act 1976) or common law.

This might be, for example, because the Tribunal included a doctor who is the claimant's own general practitioner, or because the Tribunals Service sent notice of the hearing to the wrong address when it had been notified of the right address. This is often called "breach of natural justice".

If the complaint is not about the decision of the tribunal itself but about the way the case was handled procedurally by the Tribunals Service, the Ministry of Justice or another central or local government department, there may be other remedies for the complaint. More information is available in Maladministration.

See also Human rights external link icon

Relevant legislation

Human Rights Act 1998 external link icon
Race Relations Act 1976 (as amended) external link icon

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