About the Tribunals Service

The Tribunals Service is an Independent Appeals Service. They will decide your appeal at a Tribunal hearing. They will look at the evidence, the law and the circumstances at the time the decision was made. This is known as a First Tier Tribunal.

In special circumstances, they may accept a late appeal, but you must write a letter to the Benefits Division telling us about the special circumstances when you appeal. We will look at your reasons for not appealing in time and decide if your appeal can be accepted.

We may refer your late appeal to the Tribunals Service, for them to decide if it can be accepted. They will consider the following points when deciding whether or not to accept your appeal:
• If there were special circumstances for the delay
• The length of time since you received the decision
• If it is in the interests of justice that your appeal is accepted
• Whether your appeal is likely to succeed

The Tribunals Service cannot accept a late appeal where you have misunderstood the law or interpretation of the law has changed since the decision was made. The Tribunals Service will not accept any appeal 13 months or more after the date on the decision letter.

The Appeals Tribunal is made up of one or two members, neither of whom is from Epping Forest District Council. Tribunal members will be experts on the issues involved in your appeal. All Tribunals have a legally qualified member to help apply the law to your appeal and may also include someone with financial qualifications.

For more information about the Tribunals Service, please contact them direct:
• Address The Tribunals Service, Administrative Support Centre, PO Box 14620, Birmingham B16 6FR
• Telephone 0845 408 3500
• Website www.tribunals.gov.uk

What Happens after the Appeal?

You will be sent a decision notice explaining the Tribunal’s decision. A copy will also be sent to Epping Forest District Council.

You may ask the Tribunals Service for a statement of reasons detailing the facts and law used in their decision. If you would like a statement of reasons, you must request it within 1 month of the date you are given or sent the decision notice. You will need a copy of the statement of reasons if you decide to appeal to the Upper Tier Tribunal

If your appeal is successful, we will usually put the decision right as soon as we receive our copy of the Tribunal's decision. We may not do this if we are appealing to the Upper Tier Tribunal.

Do you agree with the Tribunals Decision?

If you do not agree with the Tribunal’s decision you may be able to appeal to the Upper Tier Tribunal. The Upper Tier Tribunal are judges, barristers, solicitors or advocates of not less than 10 years standing, appointed by the Queen on the advice of the Lord Chancellor. They are independent of both the Department for Work and Pensions and Epping Forest District Council.

You can only appeal to the Upper Tier Tribunal on a point of law. You cannot appeal about questions of fact or purely against the Tribunal’s decision. If no point of law is involved, the only option available is to apply for judicial review. Your decision letter from the Tribunals Service will tell you what to do if you do want to appeal to the Upper Tier Tribunal.

Do you want to withdraw your Appeal?

If you decide that you no longer wish to proceed with your appeal you must withdraw your appeal in writing. If you do not tell us in writing that you no longer wish to appeal, your appeal will continue to the Tribunals Service.