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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Step by Step guides about appealing to the Upper Tribunal?

ub40worker
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Welfare Team, Kensington and Chelsea CAB

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Has anyone published anything around this?

Elliot Kent
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Shelter

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There is fairly comprehensive guidance published by the Upper Tribunal itself : https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/713605/ut1-leaflet-eng.pdf

And CPAG does a course (a summary of which is available on the NAWRA site):
http://www.nawra.org.uk/index.php/members-area/previous-meetings/nottingham-june-2018/

Plenty of other guides I’m sure.

It depends what you are looking for really. The procedure is fairly straightforward (at least I think so) - essentially you ask the FtT Judge and then the UT Judge for permission, then once you have permission just do what the Judge tells you to do.

The harder part is identifying the error of law and persuading the Judge (and ideally the respondent) of its merits.

John Birks
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Welfare Rights and Debt Advice - Stockport Council

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Elliot Kent
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Shelter

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Both excellent resources.

I think I should qualify what I said above re the procedure being straightforward - there is obviously a lot more too it otherwise Judge Jacobs wouldn’t have written a book on the subject. These cases are capable of becoming very procedurally complex - but I am thinking about the sort of routine cases where you are challenging the FtT’s reasoning on something well established.

Vonny
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Welfare rights adviser - Social Inclusion Unit, Swansea

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Martin Williams did a great workshop at a NAWRA last year - his slides are on the nawra website if you are a member - it was at the Nottingham meeting duck