Right to appeal to the Upper Tribunal

Individuals and Social Security Scotland can appeal decisions of the First-tier Tribunal to the Upper Tribunal. Individuals and Social Security Scotland are known as the parties to an appeal.

Individuals cannot appeal to the Upper Tribunal against:

• a decision by the First-tier Tribunal in an appeal against a process decision
• a decision by the First-tier Tribunal n whether to give permission for a late appeal to be brought against a process decision (section 61(a))

The parties must apply by letter or email to the First-tier Tribunal for permission to appeal one of its decisions (paragraph 33(1)).

There is no form for applying for permission.

If the First-tier Tribunal refuses permission, the party who has applied for permission to appeal must apply to the Upper Tribunal for permission for the decision to be appealed (section 46(3)).

A party makes an appeal on a point of law when it thinks the First-tier Tribunal made a legal mistake with its decision.

Examples of this include the First-tier Tribunal:

• failing to apply the law correctly
• ignoring relevant factors or considering irrelevant factors
• not giving adequate reasons
• having insufficient evidence for its decision.