We use cookies to collect anonymous data to help us improve your site browsing experience.

Click 'Accept all cookies' to agree to all cookies that collect anonymous data. To only allow the cookies that make the site work, click 'Use essential cookies only.' Visit 'Set cookie preferences' to control specific cookies.

Set cookie preferences

Your cookie preferences have been saved. You can change your cookie settings at any time.

Publication - Publication

Adult Disability Payment decision making guide

Published
7 Aug 2025
Topic
Adult Disability Payment
Appealing decisions to the Upper Tribunal

Non-disclosure of documents and information that could cause serious harm to physical or mental health

The Upper Tribunal may give a direction prohibiting the disclosure of a document or information to a person (“the recipient”) if:

  • the document or information relates to the physical or mental health of a person
  • a registered medical practitioner or a registered nurse has advised either the Upper Tribunal, or one of more of the parties, that disclosure of the information is likely to cause serious harm to the recipient’s, or another person’s, physical or mental health
  • the Upper Tribunal is satisfied that disclosure of the harmful document or information would be likely to cause serious harm to the physical or mental health of the recipient or some other person, and
  • the Upper Tribunal is satisfied that it is in the interests of justice and proportionate to give such a direction (The Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018, Schedule, para 17(2))

An example could be information about a diagnosis of malignancy. See the chapter on Special Rules for Terminal Illness for information on when a medical professional may decide not to tell a person that they are terminally ill or other information relating to their physical or mental health. [LINK TO DMG CHAPTER ON SPECIAL RULES FOR TERMINAL ILLNESS]

The Upper Tribunal can issue a direction to prohibit the disclosure of a document or information to a person on its own initiative.

In addition, if either party to an appeal considers that the Upper Tribunal should withhold information from a person because it is likely to cause serious harm to their physical or mental health, the party can make a request for the Tribunal to withhold the information.

The party who makes that request must provide the information to the Tribunal, request that it is not disclosed, and set out the reasons why the party thinks the information should be withheld (The Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018, Schedule, para 17(3)) . Guidance on how to make such a request to the Tribunal is set out in Operational Guidance. [LINK TO OPS GUIDANCE – APPLYING TO TRIBUNAL FOR HARMFUL INFORMATION TO BE WITHHELD (WHEN AVAILABLE)]

Where the Tribunal decides that information should not be disclosed to a party to the appeal who has a representative, or any other person acting on their behalf, the Tribunal can disclose the information to the representative or person acting on behalf of the party (The Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018, Schedule, para 17(5)) . This could be the party’s appointee, for example.

The Tribunal must be satisfied that disclosing the information is in the interests of the party and that their representative, or person acting on their behalf, won’t disclose it to the party at risk of harm. The representative should not disclose the information to anyone else unless the Tribunal consents (The Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018, Schedule, para 17(6)) .

Response to the notice of appeal

(The Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018, Schedule, para 5)

The Upper Tribunal sends:

  • a copy of the notice of appeal
  • any accompanying documents to the respondent, who is the other party involved in the First-tier Tribunal’s decision.

The respondent can choose to provide a written response to the Upper Tribunal.

They must do so within 30 days of when the Upper Tribunal send a copy of the notice of appeal to the respondent

The response must state: [LINK TO OPS GUIDANCE – RESPONDING TO THE NOTICE OF APPEAL (AT UPPER TRIBUNAL)]

  • the name and address of the respondent
  • the name and address of any representative of the respondent
  • an address where documents for the respondent can be sent
  • whether the respondent opposes the appeal
  • if the respondent wants the case to be dealt with at a hearing or not
  • the grounds on which the respondent opposes the appeal. These include any grounds on which the respondent:
  • was unsuccessful in the First-tier Tribunal appeal
  • intends to rely on in the Upper Tribunal appeal.

If the response is provided to the Upper tribunal after the 30-day time limit, the respondent must:

  • ask for an extension
  • explain why the response wasn’t provided in time

When the Upper Tribunal receives the response, it must send both:

  • a copy of the response
  • any accompanying documents to the party who is appealing.

The party who is appealing has 30 days to provide a written reply to the Upper Tribunal. The 30 days starts on the day the Upper Tribunal send a a copy of the response to the party who is appealing. 

If the reply is sent to the Upper Tribunal later than the 30 days, the reply must include both:

  • a request for an extension of time
  • the reason why the reply was not sent in time

When the Upper Tribunal receives the reply, it must send both:

  • a copy of the reply
  • any accompanying documents to the respondent.
Back to top