Health,_Education_and_Social_Care_Chamber

First-tier Tribunal

First-tier Tribunal

First-instance general tribunal in the United Kingdom

The First-tier Tribunal is a first-instance general tribunal in the United Kingdom.

Quick Facts Established, Jurisdiction ...

It was created in 2008 as part of a programme, enacted in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since taken on the functions of 20 previously existing tribunals. It is administered by His Majesty's Courts and Tribunals Service.

Appeals from it lie to the Upper Tribunal, the second part of the 'two-tier system'. [1]

Chambers and jurisdiction

The tribunal currently consists of seven 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.

More information Chamber/Section, Jurisdiction ...

Judiciary

The judiciary of the First-tier Tribunal comprises tribunal judges and other members. Legally qualified members of the former tribunals became Tribunal Judges of the First-tier Tribunal when their jurisdiction was transferred, whilst the lay members (often with expertise in the subject matter of the former tribunal) became other members. New judges and members are appointed by the Judicial Appointments Commission.[23]

In addition, the following may also sit as Judges of the First-tier Tribunal:[24]

The First-tier Tribunal is presided over by the Senior President of Tribunals, since 19 September 2020 Sir Keith Lindblom.[25] Each chamber of the First-tier Tribunal is headed by a chamber president,[26] and within each chamber each section or jurisdiction is headed by a principal judge.[27]

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.[28]

Judges may be permanent office hours, known as salaried judges, or part time, known as fee paid judges.[29]

Appeal

In most cases, appeals against decisions of the First-tier Tribunal can be made to the Upper Tribunal, but only with the permission of the First-tier Tribunal or the Upper Tribunal. Before deciding whether to grant permission to Appeal to the Upper Tribunal, the First Tier Tribunal must consider whether to subject its own decision to 'Reconsideration'. 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.[30]

References

  1. [1]
    "Introduction to Tribunals". Courts and Tribunals Judiciary. Retrieved 26 July 2023.
  2. [2]
    "The General Regulatory Chamber". Tribunals Service. Retrieved 10 November 2010.
  3. [3]
    "The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) Order 2011". Legislation.gov.uk. Retrieved 6 December 2012.
  4. [4]
    "The Legal Services Act 2007 (Designation as a Licensing Authority) Order 2011". Legislation.gov.uk. Retrieved 6 December 2012.
  5. [5]
    "The Transfer of Functions of the Charity Tribunal Order 2009". Legislation.gov.uk. Retrieved 10 November 2010.
  6. [6]
    "The Transfer of Tribunal Functions Order 2010". Legislation.gov.uk. Retrieved 10 November 2010.
  7. [7]
    "The Transfer of Functions of the Consumer Credit Appeals Tribunal Order 2009". Legislation.gov.uk. Retrieved 10 November 2010.
  8. [8]
    "The Environmental Civil Sanctions (England) Order 2010". Legislation.gov.uk. Retrieved 10 November 2010.
  9. [9]
    "The Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009". Legislation.gov.uk. Retrieved 10 November 2010.
  10. [10]
    Section 151C of the Apprenticeships, Skills, Children and Learning Act 2009, as inserted by "section 23 of the Education Act 2011". Legislation.gov.uk. Commenced by "The Education Act 2011 (Commencement No. 3 and Transitional and Savings Provisions) Order 2012". Legislation.gov.uk.
  11. [11]
    "The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009". Legislation.gov.uk. Retrieved 10 November 2010.
  12. [12]
    "The Social Entitlement Chamber". Gov.uk. Tribunals Service. Retrieved 10 November 2010.
  13. [13]
    "The Transfer of Tribunal Functions Order 2008". Legislation.gov.uk. Retrieved 10 November 2010.
  14. [14]
    "The Health, Education and Social Care Chamber". Tribunals Service. Retrieved 10 November 2010.
  15. [15]
    "First-Tier Tribunal (Tax)". Gov.uk. Tribunals Service. Retrieved 10 November 2010.
  16. [16]
    "The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009". Legislation.gov.uk. Retrieved 10 November 2010.
  17. [17]
    "First-tier Tribunal: MPs' Expenses". Tribunals Service. Retrieved 8 January 2010.
  18. [18]
    "The Constitutional Reform and Governance Act 2010 (Commencement No. 2 and Transitional Provisions) Order 2010". Legislation.gov.uk. Retrieved 8 January 2010.
  19. [19]
    "The War Pensions and Armed Forces Compensation Chamber". Tribunals Service. Retrieved 10 November 2010.
  20. [20]
    "First-Tier Tribunal (Immigration and Asylum Chamber)". Tribunals Service. Retrieved 10 November 2010.
  21. [21]
    https://www.legislation.gov.uk/ukpga/2002/41/section/82 [bare URL]
  22. [22]
    "The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010". Legislation.gov.uk. Retrieved 10 November 2010.
  23. [23]
    "Upper Tribunal: What has changed?". Tribunals Service. Retrieved 10 November 2010.
  24. [24]
    Sections 4 and 6 of the Tribunals, Courts and Enforcement Act 2007, Legislation.gov.uk, Retrieved 10 November 2010
  25. [25]
    "Appointment of the Senior President of Tribunals". Courts and Tribunals Judiciary. 31 July 2020. Retrieved 18 March 2021.
  26. [26]
    Section 7 of the Tribunals, Courts and Enforcement Act 2007, Legislation.gov.uk, Retrieved 10 November 2010
  27. [27]
    See First-tier and Upper Tribunals Structure Chart and, for example, the structure chart for the General Regulatory Chamber, Tribunals Service, Retrieved 10 November 2010
  28. [28]
    "Practice Statements on Composition of Tribunals". Tribunals Service. Retrieved 10 November 2010.
  29. [29]
    "The difference between "fee-paid" and "salaried part-time" judges - a Freedom of Information request to Judicial Appointments Commission". 29 May 2018.
  30. [30]
    "Frequently Asked Questions - 2: Can I appeal against a decision made by the First-tier Tribunal?". Tribunals Service. Retrieved 10 November 2010.
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