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Notice of appeal
If the First-tier Tribunal gives permission to appeal, the appealing party has 30 days to send a ‘notice of appeal’ to the Upper Tribunal. The 30 days starts when the party is presumed to have received permission to appeal.
The appealing party should send a notice of appeal by completing the ‘Upper Tribunal Appeal and Permission Request Form’ on the Upper Tribunal’s website. A notice of appeal must include all of the following:
- identify the decision being appealed
- any written record of the First-tier Tribunal’s decision being appealed
- the points of law which the party wants to appeal
- the views of the party on if the appeal should include a hearing
- any separate written statement of reasons for the decision
- the notice of permission to appeal.
The Upper Tribunal must send a copy of:
- the notice
- any accompanying documents
to the other party who is responding to the appeal. This party is known as the respondent.
A notice of appeal lodged after the 30-day time limit must include:
- a request for an extension of the time limit
- the reasons why the notice was late
- the reasons why the extension is in the interests of justice.
The Upper Tribunal does not admit the notice of appeal if it does not extend the time limit.
A valid notice of appeal is provided to the Upper Tribunal if the Upper Tribunal gives permission to appeal against a decision of the First-tier Tribunal.
Example: a party’s application to the Upper Tribunal for permission to appeal to the Upper Tribunal counts as a notice of appeal
The First-tier Tribunal has refused Social Security Scotland’s application for permission to appeal the First-tier Tribunal’s decision.
Social Security Scotland applies to the Upper Tribunal to ask for permission to appeal. It does this by:
- completing and sending the Upper Tribunal Appeal and Permission Request Form on the Upper Tribunal’s website
- including details of the First-tier Tribunal’s decision
- including the point of law, it wants to challenge
- including the written statement of reasons
- including the notice from the First-tier Tribunal refusing permission to appeal.
The Upper Tribunal considers the application for permission to appeal and gives their permission.
Social Security Scotland does not have to:
- provide a separate notice of appeal
- complete another form
for the appeal to go ahead.
Social Security Scotland has provided a valid notice of appeal to the Upper Tribunal in these circumstances.