Appeals to Upper Tribunal

You may be able to appeal the decision of a First-tier Mental Health Tribunal to the Upper Tribunal if there was an error in law.

First you should ask the First-tier Tribunal to review their decision.  The Tribunal can agree to do so but if they don’t they will then decide whether you should be given leave to appeal their decision to the Upper Tribunal.   If leave is not granted then you must seek permission directly from the Upper Tribunal itself if you wish to proceed further.

The Upper Tribunal has the power to set aside the First-Tier Tribunal’s decision and make a fresh decision themselves or send it back to the First-tier tribunal for them to reconsider.

Appeal from the Upper Tribunal lies with the Court of Appeal.

For help and advice on appeals to the Upper Tribunal contact our team of specialists at our Newcastle or South Shields offices.