First-tier Tribunal
Encyclopedia
The First-tier Tribunal is part of the administrative justice
system of the United Kingdom
. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007
, to rationalise the tribunal
system, and has since taken on the functions of twenty previously existing tribunals. It is administered by Her Majesty's Courts and Tribunals Service
.
.
In addition, the following may also sit as Judges of the First-tier Tribunal:
Overall, the First-tier Tribunal is presided over by the Senior President of Tribunals
, currently Lord Justice Carnwath
. Each chamber of the First-tier Tribunal is headed by a chamber president, and within each chamber each section/jurisdiction is headed by a principal judge.
In most cases, decisions are made by a judge and two other members, although this can vary between chambers and sections, and also depending on the case concerned.
, but only with the permission of the First-tier Tribunal or the Upper Tribunal. In the case of Criminal Injuries Compensation and Asylum Support cases, there is technically no right of appeal, but a decision may be reviewed by way of an application to the Upper Tribunal for judicial review
of the First-tier Tribunal's decision.
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
system of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007
Tribunals, Courts and Enforcement Act 2007
The Tribunals, Courts and Enforcement Act 2007 is an Act of the Parliament of the United Kingdom. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental legal procedures...
, to rationalise the tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
system, and has since taken on the functions of twenty previously existing tribunals. It is administered by Her Majesty's Courts and Tribunals Service
Her Majesty's Courts and Tribunals Service
Her Majesty's Courts and Tribunals Service is an agency of the Ministry of Justice. It was created on 1 April 2011 by the merger of Her Majesty's Courts Service and the Tribunals Service....
.
Chambers and jurisdiction
The tribunal currently consists of six chambers, structured around subject areas (although the General Regulatory Chamber has a very broad remit). The chambers may be divided into sections, mirroring the jurisdictions inherited from the tribunals which have been merged into the First-tier Tribunal. Different jurisdictions have been transferred into the tribunal in a programme which began in 2008 and is continuing.| Chamber/Section | Jurisdiction | Date Established/Transferred |
|---|---|---|
| General Regulatory Chamber | 1 September 2009 | |
| Charity | Hear appeals against the decisions of the Charity Commission, applications for review of decisions of the Commission and considers references from the Attorney General Attorney General for England and Wales Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in... or the Charity Commission on points of law. |
1 September 2009 |
| Claims Management Services | Hears appeals from businesses providing services such as personal injury or criminal injuries compensation claims management Claims management company In England and Wales, a claims management company is a business that offers claims management services to the public. Claims management services consist of advice or services in respect of claims for compensation, restitution, repayment or any other remedy for loss or damage, or in respect of some... against refusal of authorisation or imposition of sanctions by the Claims Management Regulator. |
18 January 2010 |
| Consumer Credit | Hears appeals against decisions of the Office of Fair Trading Office of Fair Trading The Office of Fair Trading is a not-for-profit and non-ministerial government department of the United Kingdom, established by the Fair Trading Act 1973, which enforces both consumer protection and competition law, acting as the UK's economic regulator... relating to consumer credit licences, including the imposition of requirements or a civil penalties on licensees and the refusal to register, cancellation of registration, or imposition of a penalty under the Money Laundering Regulations 2007. |
1 September 2009 |
| Environment | Hears appeals against environment civil sanctions issued by the Environment Agency Environment Agency The Environment Agency is a British non-departmental public body of the Department for Environment, Food and Rural Affairs and an Assembly Government Sponsored Body of the Welsh Assembly Government that serves England and Wales.-Purpose:... and Natural England Natural England Natural England is the non-departmental public body of the UK government responsible for ensuring that England's natural environment, including its land, flora and fauna, freshwater and marine environments, geology and soils, are protected and improved... . |
6 April 2010 |
| Estate Agents | Hears appeals against decisions made by the Office of Fair Trading Office of Fair Trading The Office of Fair Trading is a not-for-profit and non-ministerial government department of the United Kingdom, established by the Fair Trading Act 1973, which enforces both consumer protection and competition law, acting as the UK's economic regulator... prohibiting a person from acting as an estate agent or issuing a warning to an estate agent Estate agent An estate agent is a person or business that arranges the selling, renting or management of properties, and other buildings, in the United Kingdom and Ireland. An agent that specialises in renting is often called a letting or management agent... . |
1 September 2009 |
| Gambling Appeals | Hear appeals against the decisions of the Gambling Commission Gambling Commission The Gambling Commission is Great Britain's regulatory body for most, but not all, gambling.-History:It was established under the Gambling Act 2005 and assumed full powers in 2007, taking over responsibility from the Gaming Board for Great Britain, in regulating arcades, betting, bingo, casinos,... regarding operating licences for companies, as well as personal functional and personal management licences to people in key management positions. |
18 January 2010 |
| Immigration Services | Hears appeals against decisions made by the Office of the Immigration Services Commissioner Office of the Immigration Services Commissioner The Office of the Immigration Services Commissioner is the United Kingdom regulator of the immigration advice industry whose powers stem from the Immigration and Asylum Act 1999.-OISC immigration advisers:... and considers disciplinary charges brought against immigration advisors by the Commissioner. |
18 January 2010 |
| Information Rights | Hears appeals from notices issued by the Information Commissioner regarding breaches of the law on Freedom of Information Freedom of information in the United Kingdom Freedom of information legislation in the United Kingdom is controlled by two Acts of the United Kingdom and Scottish Parliaments respectively, which both came into force on 1 January 2005.* Freedom of Information Act 2000... , Data Protection, and the Privacy and Electronic Communications Regulations 2003. |
18 January 2010 |
| Local Government Standards | Hears references and appeals about the conduct of members of English local authorities, and appeals against the decisions of local standards committees. | 18 January 2010 |
| Transport | Hears appeals against decisions of the Registrar of Approved Driving Instructor Approved Driving Instructor Approved Driving Instructor is a UK term for a trainer of car driving who has been tested and registered by the Driving Standards Agency... s and against decisions of Transport for London Transport for London Transport for London is the local government body responsible for most aspects of the transport system in Greater London in England. Its role is to implement the transport strategy and to manage transport services across London... regarding London bus service permits London Buses London Buses is the subsidiary of Transport for London that manages bus services within Greater London, UK. Buses are required to carry similar red colour schemes and conform to the same fare scheme... , and resolves disputes between postal service providers and carriers. |
1 September 2009 |
| Social Entitlement Chamber | 3 November 2008 | |
| Asylum Support | Hears appeals from decisions made by the UK Border Agency UK Border Agency The UK Border Agency is the border control body of the United Kingdom government and part of the Home Office. It was formed on 1 April 2008 by a merger of the Border and Immigration Agency , UKvisas and the Detection functions of HM Revenue and Customs... to refuse or terminate support for asylum seekers, such as the provision of accommodation and cash for essential needs. |
3 November 2008 |
| Social Security and Child Support | Deals with disputes about Income Support Income Support Income support is an income-related means-tested benefit in the United Kingdom for people who are on a low income. Claimants of Income Support may be entitled to certain other benefits, for example, Housing Benefit, Council Tax Benefit and help with health costs... , Jobseeker's Allowance Jobseeker's Allowance Jobseeker's Allowance is a United Kingdom benefit, colloquially known as the dole . It is a form of unemployment benefit paid by the government to people who are unemployed and seeking work. It is part of the social security benefits system and is intended to cover living expenses while the... , Incapacity Benefit Incapacity benefit Incapacity Benefit is a United Kingdom state benefit that is paid to those below the State Pension age who cannot work because of illness or disability and have made National Insurance contributions. It is administered by Jobcentre Plus... , Employment Support Allowance, Disability Living Allowance Disability Living Allowance Disability living allowance is a non-means-tested, non-contributory benefit which can be claimed by a UK resident aged under 65 years who has care and/or mobility needs as a result of a mental or physical disability... , Attendance Allowance Attendance allowance Attendance allowance may refer to:*Attendance allowance - a per diem payment made to public representatives to cover costs of attending an assembly away from home... , Child Support Child support In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship... , Tax Credits, the State Pension, statutory sick pay Statutory sick pay In the United Kingdom Statutory Sick Pay is paid by their employer to all employees who are sick for a period longer than 4 consecutive days but less than 28 weeks. The first 3 days of sickness are called waiting days... and maternity pay, Compensation Recovery Scheme/ Road Traffic (NHS) charges, Vaccine Damage Compensation and decisions on Housing Benefit Housing Benefit Housing Benefit is a means tested social security benefit in the UK that is intended to help meet Housing costs for rented accommodation. The primary legislation governing Housing Benefit is the Social Security Contributions and Benefits Act 1992. Operationally, the governing Regulations are... and Council Tax Benefit. |
3 November 2008 |
| Criminal Injuries Compensation | Hears appeals against decisions of the Criminal Injuries Compensation Authority Criminal Injuries Compensation Authority The Criminal Injuries Compensation Authority is a non-departmental public body in the United Kingdom. The Authority administers a compensation scheme for injuries caused to victims of violent crime in Great Britain and is funded by the Ministry of Justice in England and Wales and the devolved... regarding financial compensation for victims of violent crime. |
3 November 2008 |
| Health, Education and Social Care Chamber | 3 November 2008 | |
| Care Standards | Hears appeals against decisions of the Secretary of State to restrict or bar an individual from working with children or vulnerable adults and decisions to cancel, vary or refuse registration of certain health, childcare and social care provision. | 3 November 2008 |
| Mental Health | Hears applications and references for people detained under the Mental Health Act 1983 Mental Health Act 1983 The Mental Health Act 1983 is an Act of the Parliament of the United Kingdom which applies to people in England and Wales. It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters... and the Mental Health Act 2007 Mental Health Act 2007 The Mental Act 2007 is an Act of the Parliament of the United Kingdom. It amends the Mental Health Act 1983 and the Mental Capacity Act 2005. It applies to people in England and Wales. Most of the Act was implemented on 3 November 2008.... , and directs the discharge of patients where the statutory criteria for discharge is satisfied. |
3 November 2008 |
| Special Educational Needs & Disability | Hears appeals against decisions made by Local Education Authorities Local Education Authority A local education authority is a local authority in England and Wales that has responsibility for education within its jurisdiction... in England about the education of children with special educational needs Special education in England Special education in England is the responsibility of the Government of the United Kingdom and the term "special educational needs" is used to describe the needs of children who need additional provision in order to make progress... . |
3 November 2008 |
| Primary Health Lists | Hears appeals/applications resulting from decisions made by Primary Care Trusts as part of the local management of lists of General Practitioner General practitioner A general practitioner is a medical practitioner who treats acute and chronic illnesses and provides preventive care and health education for all ages and both sexes. They have particular skills in treating people with multiple health issues and comorbidities... s, Dentist Dentist A dentist, also known as a 'dental surgeon', is a doctor that specializes in the diagnosis, prevention, and treatment of diseases and conditions of the oral cavity. The dentist's supporting team aides in providing oral health services... s, Optometrists and some Pharmacist Pharmacist Pharmacists are allied health professionals who practice in pharmacy, the field of health sciences focusing on safe and effective medication use... s who are able to provide NHS National Health Service The National Health Service is the shared name of three of the four publicly funded healthcare systems in the United Kingdom. They provide a comprehensive range of health services, the vast majority of which are free at the point of use to residents of the United Kingdom... services. |
18 January 2010 |
| Tax Chamber | 1 April 2009 | |
| Tax | Hears appeals against decisions relating to tax made by HM Revenue and Customs. | 1 April 2009 |
| MPs' Expenses | Hears appeals against decisions of the Compliance Officer for the Independent Parliamentary Standards Authority Independent Parliamentary Standards Authority The Independent Parliamentary Standards Authority is an independent body created by the Parliamentary Standards Act 2009, largely as a response to the parliamentary expenses scandal of 2009. It establishes and monitors the expenses scheme for Members of the House of Commons, and is responsible for... relating to claims for expenses by Members of Parliament. |
27 July 2010 |
| War Pensions and Armed Forces Compensation Chamber | Hear appeals from former members of the Armed Forces who have had their claims for a War Pension rejected by the Secretary of State for Defence Secretary of State for Defence The Secretary of State for Defence, popularly known as the Defence Secretary, is the senior Government of the United Kingdom minister in charge of the Ministry of Defence, chairing the Defence Council. It is a Cabinet position... . |
3 November 2008 |
| Immigration and Asylum Chamber | Hears appeals against decisions made by the Home Secretary Home Secretary The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State... in immigration, asylum and nationality matters, such as decisions to refuse a person asylum in the UK, refuse a person entry to, or leave to remain in, the UK or to deport someone already in the UK. |
15 February 2010 |
Judiciary
The judiciary of the First-tier Tribunal comprises judges and other members. Legally qualified members of the former tribunals became Judges of the First-tier Tribunal when their jurisdiction was transferred, whilst the lay members (generally experts in the subject matter of the former tribunal) became other members. New judges and members are appointed by the Judicial Appointments CommissionJudicial Appointments Commission
The Judicial Appointments Commission is responsible for selecting judges in England and Wales. It is a non-departmental public body which was created on 3 April 2006 as part of the reforms following the Constitutional Reform Act 2005...
.
In addition, the following may also sit as Judges of the First-tier Tribunal:
- Judges of the Upper TribunalUpper TribunalThe Upper Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and to provide a common means of handling appeals against the...
- Court of Appeal judgesLord Justice of AppealA Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
- Court of SessionCourt of SessionThe Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
judges - High Court judgeHigh Court judgeA High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
s - circuit judges and sheriffs
- district judges and district judges (Magistrates' Courts)
Overall, the First-tier Tribunal is presided over by the Senior President of Tribunals
Senior President of Tribunals
The Senior President of Tribunals is a senior judge in the United Kingdom who presides over the UK tribunal system. The Senior President is appointed by the Queen on the recommendation of the Lord Chancellor. Lord Justice Carnwath was appointed as the first holder of the post on 12 November 2007...
, currently Lord Justice Carnwath
Robert Carnwath
Sir Robert John Anderson Carnwath CVO is a British judge.Carnwath was called to the Bar at Middle Temple in 1968. He practised in parliamentary law, planning and local government, revenue law and administrative law. He held the appointment of Junior Counsel to the Inland Revenue from 1980 to...
. Each chamber of the First-tier Tribunal is headed by a chamber president, and within each chamber each section/jurisdiction is headed by a principal judge.
In most cases, decisions are made by a judge and two other members, although this can vary between chambers and sections, and also depending on the case concerned.
Appeal
In most cases, appeals against decisions of the First-tier Tribunal can be made to the Upper TribunalUpper Tribunal
The Upper Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and to provide a common means of handling appeals against the...
, but only with the permission of the First-tier Tribunal or the Upper Tribunal. In the case of Criminal Injuries Compensation and Asylum Support cases, there is technically no right of appeal, but a decision may be reviewed by way of an application to the Upper Tribunal for judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
of the First-tier Tribunal's decision.
External sites
- First-tier Tribunal, Tribunals Service