First-tier Tribunal

The First-tier Tribunal is divided into seven chambers, each with a distinct jurisdiction: the General Regulatory Chamber, the Health, Education and Social Care Chamber, the Immigration and Asylum Chamber, the Mental Health Tribunal, the Social Entitlement Chamber, the Tax Chamber, and the War Pensions and Armed Forces Compensation Chamber. Each chamber is led by a chamber president and comprises judges and non-legal members with specialist expertise. The tribunal's jurisdiction is defined by statute, and it hears appeals against decisions of specific public bodies, such as the Home Office, HM Revenue and Customs, and local authorities. Its decisions are binding on the parties, subject to appeal to the Upper Tribunal on a point of law.

The tribunal operates under the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 and similar rules for other chambers, which are designed to be flexible and less formal than court procedures. Hearings are often conducted by telephone, video link, or in person, and parties may represent themselves or be represented by lawyers, friends, or family. The tribunal has a duty to ensure that parties understand the proceedings and can participate fully, with reasonable adjustments made for disabilities. In many cases, appeals are decided on the papers without a hearing, but parties can request an oral hearing. The tribunal's decisions are published online, and guidance is available to help unrepresented parties navigate the process.

Decisions of the First-tier Tribunal can be appealed to the Upper Tribunal, but only on a point of law, and permission is required. The Upper Tribunal may set aside the decision and remit the case to the First-tier Tribunal for rehearing, or it may re-make the decision itself. In some circumstances, a decision may be challenged by way of judicial review, but this is generally discouraged because the tribunal provides an adequate alternative remedy. The tribunal's decisions are subject to the supervision of the Senior President of Tribunals, who is a senior judge. The tribunal's case law is binding on itself, and its decisions are reported in official law reports.¹

The First-tier Tribunal has a number of lesser-known features. For example, the Mental Health Tribunal, which is a chamber of the First-tier Tribunal, has the power to discharge patients detained under the Mental Health Act 1983, and its hearings are often held in hospitals. The War Pensions and Armed Forces Compensation Chamber hears appeals from veterans and their families, and its decisions are often based on medical evidence. The tribunal also has a 'closed material procedure' in some national security cases, where sensitive evidence is not disclosed to the appellant. Additionally, the tribunal's decisions are not binding on other courts, but they are persuasive authority. The tribunal has a significant impact on the lives of individuals, and its workload has increased dramatically in recent years, particularly in immigration and asylum cases.²

Chamber

A division of the First-tier Tribunal that handles a specific area of law.

Upper Tribunal

The appellate tribunal that hears appeals from the First-tier Tribunal on points of law.

Judicial review

A procedure by which a court reviews the lawfulness of a decision or action of a public body.