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Cases we handle

Appeals on point of law

Upper Tribunal judges decide appeals on points of law from the Social Entitlement Chamber, Health, Education and Social Care Chamber, General Regulatory Chamber and War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal on the following types of cases:

Upper Tribunal judges in the Administrative Appeals Chamber also decide appeals on points of law from the Special Educational Needs Tribunal for Wales and the Mental Health Appeal Tribunal for Wales.

The Upper Tribunal in Scotland decides appeals on points of law against decisions of the Pensions Appeal Tribunal for Scotland. In the case of Special Educational Needs and Mental Health in Scotland, the right of appeal for these jurisdictions is to the Court of Session.

In Northern Ireland, the Upper Tribunal decides appeals on points of law against assessment decisions of the Pensions Appeal Tribunal for Northern Ireland although pension entitlement appeals are still dealt with by Social Security Commissioners. Social security and child support appeals in Northern Ireland also continue to be dealt with by Commissioners.

For more information visit the Northern Ireland Court Service website

Other appeals and references.

The Administrative Appeals Chamber also deals with appeals from other bodies which are outside of the First-tier Tribunal structure.

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Forfeiture Act References

The Forfeiture Act 1982 applies the forfeiture rule to social security benefits and the Armed Forces Compensation Scheme. The forfeiture rule is a rule of public policy that an individual cannot gain from her or his own wrongdoing and applies where a person claims benefit as a result of the death of someone for whose death the claimant is responsible.

Under Section 4 of the Act, where there is a question about whether the forfeiture rule should apply to a claim for benefit, the relevant department must refer the case to the Administrative Appeals Chamber of the Upper Tribunal for a decision.

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Appeals in Safeguarding Vulnerable Groups cases

Please go to our forms and guidance page to access the forms you need to make an appeal in these matters.

The Administrative Appeals Chamber of the Upper Tribunal decides appeals against decisions made by the Independent Safeguarding Authority (ISA) to bar individuals from working with children or vulnerable adults. Appeals can only be made on a point of law or on a finding of fact and applicants must first apply for permission to appeal. You should note that section 4(3) of the Safeguarding Vulnerable Groups Act 2006 provides that the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.

Appeals against decisions of the Traffic Commissioners

Please go to our forms and guidance page to access the forms you need to make an appeal in these matters.

The Administrative Appeals Chamber of the Upper Tribunal decides appeals against decisions of Traffic Commissioners. These cases concern operators of road vehicles (heavy goods vehicles and public service vehicles) and premises used as operating centres.

A right of appeal arises when, for example, a Traffic Commissioner:

Please go to our Decisions on appeals from the Traffic Commissioners page for links to decisions of the Upper Tribunal and the former Transport Tribunal on appeals from the Traffic Commissioners

Appeals under the Transport (Scotland) Act 2001 remain under the jurisdiction of the Transport Tribunal but can be made alongside appeals to the Upper Tribunal and using the same appeal forms.

Judicial review

The Administrative Appeals Chamber of the Upper Tribunal has jurisdiction to judicially review decisions of First–tier Tribunals England and Wales:

For more details click here.

There is limited public funding for legal representation in some cases in the Upper Tribunal. For more information click here.

For a fuller list of the types of cases the Chamber hears from tribunals in England, Scotland and Wales click here.

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