Form

How to appeal against a decision made by the NHS Business Services Authority (SSCS7A)

Updated 13 September 2024

1. About this guide

This guide aims to help you appeal against a decision made by the NHS Business Services Authority (NHSBSA) on a claim under the Vaccine Damage Payments Scheme. An ‘appeal’ means applying to His Majesty’s Courts and Tribunals Service (HMCTS) for an independent ruling on whether a decision by NHSBSA is correct.

Your appeal can be considered by a tribunal, which belongs to the system of courts and tribunals that decide people’s rights. The tribunal deals with disputes mainly about social security benefits. It makes an independent decision on appeals in most cases at a hearing.

About your claim

The information in this guide applies only to appeals against decisions made by NHSBSA on a claim under the Vaccine Damage Payments Scheme. It does not apply to appeals against decisions made on other types of benefits. For other benefit types, see the forms and guidance appeals against decisions about:

• social security – form SSCS1
• child maintenance – form SSCS2
• compensation recovery – form SSCS3
• recovery of NHS charges – form SSCS4
• tax credit, child benefit or guardian’s allowance – form SSCS5
• mesothelioma – form SSCS6

Find out what form to use to appeal against a benefit decision.

Before you can appeal to the tribunal, you must first ask NHSBSA to consider their decision on your claim again. This is called ‘mandatory reversal consideration’. NHSBSA will reconsider their decision and then tell you if they have changed or upheld it.

If you then wish to appeal against their decision, you should complete form SSCS7 and send it to the tribunal, with a copy of the mandatory reversal notice NHSBSA have sent you.

2. What to consider

Whether you can appeal

You can only appeal where the law gives you a right of appeal. You can only appeal the decision of the NHSBSA regarding a Vaccine Damage Payment if you have followed the procedure and received a mandatory reversal outcome. When you get an official letter giving a decision, it will say whether you have a right of appeal against that decision. This is a legal requirement of NHSBSA.

As a guide:

• decisions on whether you are entitled to a payment and, if so, how much, carry a right of appeal
• decisions about administrative matters, such as how or when you might get paid, do not carry a right of appeal

If the decision letter says you do not have a right of appeal but you think that NHSBSA have made a mistake about that, you can send us your appeal for a ruling on whether there is a legal right to hear your case. You may want to discuss this issue with NHSBSA first.

You must make it clear in the grounds for your appeal that you believe that you have the right of appeal and why. This will allow us to identify your point of dispute and take the necessary action. If the tribunal rules that you do have a right of appeal, the appeal can go ahead.

If the tribunal rules that you do not have a right to appeal against that decision (called ‘out of jurisdiction’), your appeal ends there. These cases are unusual and it is best to seek advice from someone with knowledge or experience to make sure you are correct.

Whether you should appeal

This guide explains how to appeal. It cannot tell you whether you have a good case. Our staff will be able to help with telephone, email or webchat queries about your appeal as it goes through the process. However, they cannot give you an opinion about whether you are likely to win or lose, or whether you should take a particular step. That is a decision for you. You may be able to get advice on whether you have a good case from:

• Citizens Advice
• a welfare rights service
• an advice centre
• a law centre
• a solicitor
• a trade union

Some may be willing to help you prepare your case and attend the tribunal hearing with you. You can find out about sources of help from local council information services or online.

Many people who appeal choose to get professional advice and support. If you decide to get advice, it is best to do so at the earliest opportunity – when you are thinking about appealing. Do not leave it until your appeal is under way.

In deciding whether to appeal, you also need to know what the tribunal can and cannot do for you. Tribunals do not have unlimited powers – they can only do what the law allows them to do. They can decide whether you are legally entitled to financial support. They may also uphold the decision made by NHSBSA.

The tribunal cannot:

• change the law – they must apply the law as it stands, even if that leads to an outcome you think is unfair
• deal with administrative complaints, like delay or lack of courtesy – if you think you have received a poor service from NHSBSA, you should contact their customer services

3. Your appeal

The law

The law has certain rules about appeals and we can only accept your appeal if it meets them. Your appeal must:

• be made in writing
• be in English or Welsh
• include a copy of the mandatory reversal notice
• give reasons for the appeal
• be signed by you, or for you if NHSBSA or a court has appointed someone else to act on your behalf

If your appeal does not meet these criteria, we may have to return it to you. We may not consider your appeal at all unless you provide these details.

Because of the legal requirement to include specific information, we recommend that you use the SSCS7 appeal form to make your appeal. The form helps you gather the right information step-by-step and has a checklist to prompt you on what to do. The form also asks you about what type of hearing you would like, any dates you would like us to avoid and whether you have any accessibility requirements.

If you prefer, you can make your appeal by writing a letter instead. However, you risk missing out some of the information the law requires. Also, we may have to write to you to ask about your hearing requirements and availability – this delays the process. If you want to appeal by writing your own letter, use the appeal form as a guide and include all the things the appeal form asks for.

If you need advice on completing the appeal form you may call or email the benefit appeals helpline:

• if you live in England, Wales, Northern Ireland or outside of the UK – 0300 123 1142 or contactsscs@justice.gov.uk (Welsh speakers can call 0300 303 5170)
• if you live in Scotland – 0141 354 8400 or SSCSA-Glasgow@justice.gov.uk

4. Complete form SSCS7

You do not need to complete all parts of the form if they do not apply to you. However, you must complete sections 1, 4, 5, and 8.

You should use black ink to complete the form, as we must scan and send it to NHSBSA – coloured ink does not show up well in scans or photocopies. You should also complete the form using BLOCK CAPITALS, so that all the important details are clear – unless the section on the form tells you otherwise.

Section 1 – Your details

When we refer to ‘you’ we mean the person who is making the appeal. We need you to tell us who you are and where you live so that we can write to you. NHSBSA also needs this information to identify who you are when we ask them to explain why they came to their decision.

In this section you will need to provide your:

• title (such as Mr, Mrs or Miss)
• first name
• surname
• date of birth
• national insurance number
• address
• phone number
• email address

We need your phone number if we need to contact you at short notice. For example:

• if a hearing date becomes available sooner than expected
• if it is easier to explain something to you by telephone rather than in writing

Section 2 – About the person you are appointed to support

Only complete this section if you are appealing on behalf of someone whose affairs you are looking after. This could be a child you are the parent of, or it might be an adult who is unable to manage their affairs for themselves. If the person is an adult, you must have a document that shows you manage their affairs or estate.

In this section you will need to provide their:

• title
• first name
• surname
• date of birth
• national insurance number
• address

If you are just helping someone with their appeal in an informal arrangement, you will be acting as their representative and will need to complete section 3 instead.

Section 3 – About your representative (if you have one)

If you do not have a representative, you can skip this section and move to section 4.

You are entitled to have a representative of your choice but you must make the arrangements for this yourself. Your representative does not have to be legally qualified – they could be a friend or family member. However, your representative will be given the evidence relevant to the appeal, such as medical reports, which you may consider to be confidential. When choosing a representative, you should consider what the role of a tribunal representative is.

A representative should be able to:

• advise what kind of evidence will help your case
• get that evidence for you or assist you with getting it
• liaise with NHSBSA to see if the case can be settled without going to a tribunal hearing
• research the law
• prepare a written statement for the tribunal summarising your case
• advise you on related matters, including other benefits
• deal with the consequences of the tribunal’s decision

Most people who have a representative are represented by a professional organisation, such as an advice centre or welfare rights service.

In this section on the form, you will need to provide information about your representative, including the:

• name of the person representing you (if you know this)
• organisation name (if they work for one)
• address
• phone number
• email address

We will contact your representative about your appeal and tell them things like hearing dates. We will ask NHSBSA to send them and you a copy of the papers relating to your appeal.

If you want to have a representative but have not managed to get in touch with an advice agency yet, you may still submit your appeal. You can then tell us later when you have a representative. You must do this in writing, as we need your written consent to take instructions from a person acting on your behalf. Often your representative will arrange this for you.

Even if you have a representative, the tribunal will almost certainly want to speak directly with you at the hearing – asking you questions and listening to your answers. This is because you will have first-hand knowledge and experience of the things the tribunal will most want to hear. Your representative would only be able to give a second-hand version.

Section 4 – The reasons for your appeal

Write down the reasons why you think the decision is wrong. You do not need to complete this section in BLOCK CAPITALS.

Your reasons do not have to be lengthy or written in legal language but you need to say more than just, ‘I disagree‘. You should explain simply why you think the decision you are appealing against is incorrect. It might be useful for you to read your mandatory reversal notice or your decision letter and write what you disagree with and why. It might also be helpful if you state what you consider the correct decision should be.

The more specific you are about the points of dispute, the easier it is for the tribunal to understand why you disagree with the decision and to focus their attention on this before the hearing. You can attach evidence that may be supportive to your appeal, or you can send it later, but you should not delay appealing while you get this.

If you need more space to write your reasons, attach a separate sheet of paper.

Section 5 – Your appeal hearing

We will usually arrange a hearing for your appeal. The hearing will take place by telephone, video or in person. This is called an ‘oral hearing’. You and your representative will be expected to take part.

At an oral hearing, you, and your representative (if you have one) will be given the opportunity to speak to the tribunal, put forward your case and answer any questions the tribunal may have. NHSBSA also have the right to take part in an oral hearing and put forward their case.

The alternative to an oral hearing is having your case decided by the tribunal without a hearing. Neither you nor NHSBSA will take part, and the tribunal will come to its decision alone, based on what is in the appeal papers. The tribunal will consider your letter of appeal, any supporting evidence you have provided and the NHSBSA’s response to your appeal. This is called a ‘paper determination’. A paper determination will take place if all parties agree to it, no one has asked for an oral hearing and the tribunal considers it can decide your appeal without an oral hearing.

NHSBSA will also be given the opportunity to express their preference for the type of hearing they would like.

If you want to change the type of hearing that has been agreed, you must tell us as soon as possible. If you have not yet been given a hearing date, you can do this by phone. Once you have been given a hearing date, you will need to ask for the change in writing.

When choosing a hearing type, you may want to know where your appeal hearing would take place. If you want to take part in a hearing in person, you will need to travel to the hearing.

We hold appeal hearings at over 100 locations throughout England, Scotland and Wales. There is a tribunal venue in most cities and towns. We will try to arrange for your hearing to take place at the venue that is nearest to you. Contact us in writing if the venue we offer you would not be convenient.

Find a court or tribunal

Most tribunal venues are accessible to disabled people. We understand disabilities can be both physical and mental. If you want to make sure that the venue is suitable to your own individual needs, tell us your requirements in section 6 of the form.

You can also ask for a hearing by telephone or video by ticking the relevant box. If you want to take part in a hearing by telephone, you will need somewhere quiet and private to speak, and we will need your telephone number. If you want to take part in a hearing by video, you will need access to a computer or mobile device with good internet speed. You will also need somewhere quiet and private to speak, and we will need your email address.

Your request for the type of hearing you would like will be put to a tribunal judge to decide.

Once you have decided what type of hearing you want, tick one of the boxes that say:

• I want to take part in the hearing
• I do not want to take part in the hearing

If you tick the box to say that you want to take part in a hearing, move on to section 5a and select telephone, video or face to face. If you tick the box to say that you do not want to take part in a hearing, you can go straight to section 8.

Section 6 – Support at your hearing

If you need to write in any of the boxes in this section, you need to use BLOCK CAPITALS.

Let us know whether you need an interpreter at the hearing. The tribunal will use independent, professional interpreters and signers – you cannot use your own interpreter. When we arrange your hearing, we will make sure to provide an interpreter who meets your needs.

The interpreter could be a person who interprets verbally to translate English into another language or they could be a sign interpreter who translates spoken words into British Sign Language. If you need an interpreter, you must put the language and dialect you need.

If you want to attend in person, we need to make sure your hearing takes place in a location suitable for you and that you can access easily. You can tell us about any needs you may have, or of any reasonable adjustments you would like us to make to enable you to attend a hearing. This might be something like a hearing loop or other requirements because of a disability or mobility issue. This can cover a range of physical and mental disabilities.

Section 7 – Your availability for a hearing

In this section you need to confirm that:

• you will make yourself available whenever the hearing is scheduled, or
• you need to tell the tribunal about dates in the next 3 to 8 months you cannot attend a hearing

We usually give at least 14 days’ notice of a hearing. However, if you tell us that you can be free whenever the hearing is scheduled, we will take this as consent to give you less than 14 days’ notice if a hearing date becomes available sooner than expected. You can then go straight to section 8.

If there are dates when you are not available, you must tell the tribunal what those dates are. There might be a regular date when you are not available – for example, every Thursday, because of work, home life or other commitments. Or you might be aware of specific dates you will be unavailable, such as hospital appointments or booked holidays.

You should consider your availability for the next 3 to 8 months. You can always tell us of any changes to your availability by telephoning, emailing or writing to us.

Section 8 – Sign and post

It is a legal requirement for you to sign your appeal. Write your name in BLOCK CAPITALS in the box provided, then sign your name in the box underneath and record the date that you signed.

If you do not sign your appeal form, we may have to return it to you to sign. If you have named a representative in section 3, signing the appeal form gives us permission to correspond and discuss your appeal with them if needed.

If you live in England, Wales, or other parts of the UK or crown dependencies within the British Isles (not including Scotland), for example Northern Ireland, Jersey and the Isle of Man, you should send your appeal to:

HMCTS SSCS Appeals Centre
PO Box 1203
Bradford
BD1 9WP

If you live in Scotland, you should send your appeal to:

HMCTS SSCS Appeals Centre
PO Box 27080
Glasgow
G2 9HQ

Make sure to include a copy of your mandatory reversal notice.

5. After you send your appeal

We will check your appeal to make sure it meets all the legal requirements to be accepted as valid.

If there are any problems with your appeal, we will return it to you with a letter explaining what the problem is and what you can do to resolve the issue. If you do not, the tribunal may bring your appeal to an end (‘strike out’) because you have not provided the information requested.

Sometimes the appeal can go ahead even if your application does not include some of the necessary requirements. This is called ‘waiving a requirement’. The reasons this can happen can vary, so you must provide all the required information. Do not rely on a waiver.

If your appeal can be accepted as valid, we will send you an acknowledgement letter. If you have not already provided details of your hearing requirements on the appeal form or letter, we may send you another form to find out what these are.

We will also send a copy of your appeal to NHSBSA and ask them to provide a ‘response’ to your appeal. The response is a report prepared by NHSBSA regarding your appeal, which explains how they came to their decision. There is a time limit of 28 days for them to provide the response. NHSBSA also have the right to ask for an extension of the time limit. If they do, a judge will consider their request. We will write to you if this happens.

Once we have all the information we need, we will contact you and tell you how you can provide further evidence to the tribunal.

6. What NHSBSA will do with the appeal

Consider the appeal

NHSBSA will look at their decision again, considering the information you have put in your appeal and any new or additional evidence you may have provided.

NHSBSA can, at any time up to the tribunal hearing, change the decision under appeal if they think there are reasons for this. If they decide to change the decision in your favour, they will tell us this and your appeal will automatically come to an end (‘lapse’). We will write to you if this happens.

A new decision made by NHSBSA will also carry a right of appeal. If NHSBSA intend to do this, they will contact you first to check if you agree with the new decision and will only proceed if you agree.

Object to the appeal

NHSBSA has the right to object to your appeal. They may object to an appeal for several reasons, such as:

• it is against a decision which does not carry a right of appeal
• it is late and the reasons for lateness are unreasonable
• it does not have enough information to identify the decision or give grounds for appeal
• it is very unlikely to succeed

If NHSBSA objects to your appeal, they will write to us. We may then send a copy of their objection to you and invite you to comment on it before referring it to a judge. The judge will review your case and decide whether any of NHSBSA’s arguments are valid.

If your appeal goes ahead without an objection, NHSBSA will send you and us a copy of their ‘response’ to your appeal. This arrives as a bundle of papers, which can contain up to 150 pages or more, depending on the type of benefit and the history of the claim. You should not be put off by its size – you will already be familiar with a lot of the contents, such as copies of your claim form. Some responses may be much shorter based on the issues involved. The response includes:

• the decision being appealed
• a summary of the relevant facts
• the reasons for the decision
• extracts from the relevant law
• a copy of your appeal form or letter
• copies of documents relevant to the appeal (such as a claim form, medical reports or letters)

You should receive the response within 28 days of NHSBSA being notified of a valid appeal. If you have provided the name of a representative on your appeal form, a copy of the response will also be sent to them.

You should read the response when you receive it or talk to your representative about it (if you have one). Your representative will look at the case NHSBSA is making and advise if your appeal is still reasonable. If you do not have a representative, you must read through the papers and come to this decision yourself.

If you decide not to continue with your appeal (‘withdraw’), you must let us know or we will go ahead with your case. You can withdraw your appeal by calling or writing to us.

If you live in England, Wales, or other parts of the UK or crown dependencies within the British Isles (not including Scotland), for example Northern Ireland, Jersey and the Isle of Man, you should contact:

HMCTS SSCS Appeals Centre
PO Box 1203
Bradford
BD1 9WP

Telephone: 0300 123 1142
Welsh language speakers: 0300 303 5170
Find out about call charges

If you live in Scotland, you should contact:

HMCTS SSCS Appeals Centre
PO Box 27080
Glasgow
G2 9HQ

Telephone: 0300 790 6234
Find out about call charges

7. After NHSBSA has made their response

What happens next

Once we have received NHSBSA’s response, we will begin to arrange for your appeal to be heard.

If you have asked for your appeal to be decided on papers, we will write to you confirming that we are now ready to put your appeal before the tribunal. We will also advise that if you have any further evidence to submit in support of your appeal, you should send it to us within 28 days, or let us know if you need more time.

Make sure we have your requirements recorded correctly. Tell us if there is any change in the details you previously provided. For example, your:

• choice of hearing – you can ask for a hearing to be by telephone or video (your request will be put to a tribunal judge to decide)
• address
• representative
• telephone number or email address

Call or write to us if you want to make a change. You must tell us in writing about a change in the person representing you.

If you no longer wish to appeal, you can tell us that you want to withdraw. Do this as soon as you have decided, otherwise we will proceed with arranging a hearing. You can do this by calling the telephone number in the letter.

If you have asked for an oral hearing, we will also write to you to confirm the details we have for you. If you have read the NHSBSA’s response and anything has changed that we should know about, let us know as soon as you can. This might be:

• a date when you are unavailable
• that you have changed your mind and would like your appeal decided by a paper determination instead of having an oral hearing that you attend

Put your case before the tribunal

If you have asked to have your appeal decided by a paper determination, we will not give you a date when your case will be considered.

If you have asked for an oral hearing, we will tell you the hearing date in writing. We will give you at least 14 days’ notice of the hearing, unless you have told us you will accept less notice than this. The hearing letter will tell you the time and date, and the address of the tribunal hearing centre. It will also include information about:

• claiming expenses, such as for travel
• directions to the hearing centre
• transport links
• accessibility and facilities at the venue

Once a date has been set, we will do our best to avoid cancellation. You should only ask for a postponement of the hearing in exceptional circumstances, such as illness or bereavement. If you cannot attend, you must ask for a postponement either in writing or by telephone. We will refer the request to a tribunal judge for a decision. The tribunal can hear your appeal in your absence. It is therefore important not to assume the appeal will be postponed until we have confirmed this.

If you are unavailable at very short notice and cannot make a request for postponement in writing, you should call the tribunal office as soon as possible. We will tell the tribunal about your circumstances and they will decide whether or not to make a decision on your appeal or to postpone the hearing to a day you can attend.

8. Prepare for the tribunal hearing

Evidence

NHSBSA will have set out in their response the evidence for the decision you have appealed against. It is unusual for NHSBSA to provide new evidence at the tribunal hearing.

You should consider what evidence you need to support your case, since most appeals involve some dispute over the facts.

The type of evidence you might provide is, first and foremost, what you can tell the tribunal. It is easy to overlook that what you say to the tribunal is classed as ‘evidence’.

Other people may also be able to give evidence to the tribunal. You can, if helpful, bring one or more witnesses. For example, if your appeal is about the difficulty you have in looking after yourself because you are disabled, you could bring along your principal carer to tell the tribunal about the extent of the assistance you need.

If you have asked someone to attend the hearing as a witness, make sure they know when and where to attend. Tell us if you plan to bring any witnesses. If you want someone from NHSBSA as a witness (for example, a member of staff who interviewed you), make a request in writing to the relevant NHSBSA office. You can write to us if they refuse and a judge will consider if they need to give any further instructions.

If you have documents that you want to use to support your appeal, send them (or photocopies) to us as early as possible in the appeals process. Do not wait until you are at the tribunal hearing. Providing important documents at the last moment may result in the tribunal deciding that the hearing must be postponed. This may be necessary so both the tribunal and NHSBSA have a fair opportunity to consider the late evidence in full.

We will make copies and send them to NHSBSA before returning them to you. Generally, NHSBSA is entitled to see any documents you send to us. Fairness demands that each side can see and challenge the evidence put before the tribunal.

There are few rare exceptions to this rule. In cases where medical evidence has become available that is potentially harmful, the tribunal may decide to withhold that information. An example might be that it discloses a distressing prognosis of which you are currently unaware.

Medical evidence can be helpful in deciding an appeal. This could be:

• a letter from a doctor
• a report from a consultant (for example, prepared in connection with an accident claim)
• a copy of medical records
• a report from an examining medical practitioner who specialises in assessing disability

It is important that any medical evidence is relevant and timely. If you send a letter or report, you must send every page that you want the tribunal to read. We sometimes get letters from people who invite the tribunal to phone or write to their doctor for information. The tribunal will not do that. Responsibility for preparing your case rests with you. The tribunal is neutral.

As a patient, you have a right to a copy of your medical records from your doctor. If you do get medical evidence, send it to us as soon as possible. Do not wait until your hearing date.

Look up the law

The tribunal’s decision will apply the relevant law to the facts of the case. Social security and child support law is often complex and open to different interpretations. You can find guidance on the meaning of the law that has been passed by parliament in the decisions of the Upper Tribunal and of the courts. You can look up the law:

• in public libraries
• on websites, such as legislation.gov.uk for acts of parliament and regulations, and GOV.UK for Upper Tribunal decisions
• in legal reference books (professional representatives will have these)

You may find the response you receive from NHSBSA includes references to Upper Tribunal decisions that NHSBSA considers relevant to the legal issues in your appeal. You, or your representative, can put forward other decisions of the Upper Tribunal. If you do, send the details to us well in advance of the hearing.

We cannot research the law for you or provide you with extracts.

Prepare your own response

If you believe the response from NHSBSA does not give an accurate summary of your case, you can prepare a response of your own, setting out the facts as you see them and the law as you interpret it. You should send your submission to us in advance of the hearing. We will send a copy to NHSBSA.

We send all the papers relating to the appeal to the members of the tribunal at least 14 days before the date of the hearing. This allows the tribunal an opportunity to study the papers and to identify any problems that may affect the hearing going ahead. This minimises the risk of adjournments and shortens the hearing. You must therefore send us your written evidence and any submission you wish to make well in advance of the hearing.

We will send a copy of any evidence we receive from you to NHSBSA. The earlier NHSBSA has your evidence, the sooner they will be able to decide whether to change their decision.

9. Things we need to know about if they change

You must let us know if any of your circumstances change. This is to make sure we can provide you with the type of hearing you want, meet any special requirements you have and correspond with you at the correct address. We are independent of NHSBSA, so even if you have given a new address to NHSBSA, you must also give it to us. This can be done in writing, by email or by telephone.

You must tell us if you:

• have a change of home address
• have a change of telephone number of email address
• have a new (or a change of) representative acting for you
• have changed your mind about the type of hearing you want
• cannot attend or have decided not to attend a hearing that has been arranged
• no longer want to appeal (‘withdraw’)

If you have a new representative, you must tell us in writing, as we need your written consent to take instructions from a person acting on your behalf. Normally your representative will arrange this for you.

10. Attend your hearing

The notice of hearing

We will tell you in writing the date, time and place of the hearing. Tribunals usually hear appeals between 10am and 12.45pm and 2pm and 4.45pm Monday to Friday. Those hours may overrun to allow an appeal under way to be completed. The time given in your notice of hearing is the expected time your hearing should take place.

Get to an in person hearing

If you need help paying to travel to the hearing, we can reimburse reasonable travelling expenses for public transport or fuel costs. Complete a claim form after your hearing and payment will be made into your bank account. In very exceptional circumstances we will pay travelling expenses in advance of the hearing. Contact us before the hearing if you need help with travel. You must keep any receipts and travel tickets as proof of travel and include these with your claim.

If you cannot use public transport, because of a disability for example, we can pay for a taxi. We can only do this if it is agreed in advance. Your notice of hearing will explain the rules about claiming travelling expenses. Plan your journey to arrive at least 15 minutes before the start of the hearing. Bring the response from NHSBSA and the originals of any documents you have sent us as evidence.

In the interests of public safety, security checks are in place at our venues. You may be searched.

If you are likely to be late for your hearing, call us and we will tell the tribunal.

If you decide not to attend the hearing, call us to let us know. This will make sure the tribunal are not kept waiting for you and our staff do not need to get in touch with you.

At the hearing

When you arrive at the tribunal venue, you will be greeted by the clerk to the tribunal. This is an HMCTS staff member who makes sure hearings proceed as smoothly as possible. It is the clerk’s responsibility to:

• explain the process to you
• answer any questions
• deal with claims for travel or other expenses
• handle the administrative tasks associated with your hearing

The clerk will also liaise with the tribunal, telling them who has arrived and may assist in typing up the decision notice and dealing with any paperwork. The clerk also liaises with the tribunal office, dealing with any last-minute messages, such as from people who are delayed.

The tribunal will try to start your hearing at the time given in your notice of hearing. However, because it is not always possible to predict how long each appeal will take, the actual start time may be later.

When you arrive, the clerk will show you into a waiting room and update you on when your appeal hearing will likely begin. The clerk will sort out any expenses claims you have and answer any final questions about the arrangements for the hearing. The clerk cannot advise you about your appeal or how you should present your case.

The clerk will also be present in the tribunal room at points during the hearing or throughout, in case the tribunal needs administrative assistance. The clerk takes no part in the decision making of the tribunal.

As with most government buildings, there will also be security staff.

Remote hearings

The judge will decide if the hearing should take place by video or phone if they’re satisfied it’s in the interests of justice for everyone involved. We will send you a hearing notice to confirm if your hearing will take place by video or phone. The notice will give you all the information you need to participate in the hearing.

If your hearing is by video, we will ask you for your email address to invite you. If we already have this, the hearing notice may include a web link to join. If we do not have it, we’ll ask for it in the hearing notice and will send a separate email with the link once we receive it. Check your spam folder if you have not received it.

If your hearing is by phone, we’ll call you at the time of the hearing. We may call from an unknown number. If you use call barring services, turn them off so we can reach you.

Tell us as soon as possible using the contact details in your hearing notice:

• your preferred contact details
• if you want to have someone with you who is not acting as your representative, for example a support worker
• if you need an interpreter or support to join the hearing
• if there’s a reason you cannot join, such as:
• no access to a computer or mobile device
• no access or limited access to the internet
• a disability that means you need help with the video hearing

The tribunal will consider your request and do everything possible to make sure you’ll be able to participate in the hearing. This could involve you joining in a different way. If this is not possible, we may postpone the hearing.

If you have technical issues or are unable to join the hearing on the day, call the technical support helpdesk on 0330 808 9405.

Find out how you should prepare for a telephone or video court or tribunal hearing and what to expect on the day

It’s a criminal offence to record, publish and take pictures of any tribunal hearing without authorisation.

The tribunal

The tribunal is a panel appointed by the Senior President of Tribunals. To be appointed, panel members must be qualified in law, medicine, accountancy or in the field of disability. They must also have personal qualities appropriate to holders of judicial office, such as independence and impartiality.

The composition of the tribunal is set by law. You do not have the right to choose.

If you recognise a member of the tribunal as someone you know, you should tell the tribunal at the start of the appeal. It may be inappropriate for that person to be involved in your case. If a member of the tribunal recognises you, they will not be able to consider you case.

Others present

NHSBSA can send a representative (called a ‘presenting officer’) to take part in the hearing of your appeal. NHSBSA examine each appeal on a case-by-case basis and only send a presenting officer if they think one is needed. You or your representative may meet with the tribunal alone.

Tribunal hearings are, by law, open to the public, though it is unusual for a member of the public to attend. You may ask the tribunal for the public to be excluded in the interests of your personal privacy.

Tribunal procedure

Tribunals share some of the characteristics of courts, but not all.

Tribunals are like courts in that they:

• operate within a set of rules laid down by law
• act independently of government
• are judges of questions of fact and law
• decide facts by hearing and testing the evidence
• are fair to both or all sides

Tribunals differ from courts in that:

• the layout of tribunal rooms is less formal
• no one wears wigs or gowns
• tribunal members are addressed as Mr, Mrs, Miss, Ms, or Dr followed by their surname
• evidence is given seated at a table, not from a witness stand
• evidence is not usually given on oath or affirmation
• when hearing evidence, the tribunal members will take the lead in asking questions

It is up to the tribunal judge to decide how the hearing is to be conducted. The judge is given that power by law. The order of proceedings will vary from case to case, depending on the nature of the issues to be decided. Sometimes the tribunal may have decided from reading the appeal papers that the appeal is focused on a single issue. It may then decide to concentrate on that point from the start of the hearing.

However, the hearing usually follows a typical order of proceedings.

Introductions

The tribunal judge will introduce everyone present and establish the part they will play in the proceedings, including checking that any interpretation or signing services needed are suitable. The judge will also make sure everyone has all the necessary sets of papers. The hearing will be recoded and this will be the ‘the record of proceedings’.

Opening statements

The tribunal judge will summarise the issues in the appeal according to the papers and agree with the parties present what need to be covered in the hearing and in what order. This is an opportunity for representatives, if invited to by the tribunal judge, to make an opening statement, outlining their case.

Giving evidence

In a tribunal, where it’s rare for either side to be legally represented, the tribunal takes responsibility for asking questions. You should be aware that:

• the tribunal will want to focus on the issues that are disputed – so do not worry if they do not ask about every aspect of your case
• if there are conflicts in the evidence (for example, if you put one thing on your claim form but tell the tribunal something different), the tribunal may ask questions to find out the facts
• the tribunal will do its best to make sure you do not forget or overlook any points in your case
• the tribunal may ask about personal or potentially embarrassing matters, particularly in cases involving disability – though it will be sensitive in doing so
• giving evidence is a serious and important part of the proceedings and you should not be distracted by interruptions from representatives or others – everyone will get their turn to speak
• if after the tribunal has finished asking its questions, you think it has missed anything, you should tell the judge – they will also allow relevant questions from any representatives

Medical examination

The hearing will not include a medical examination. By law, medical examinations are only allowed as part of a tribunal hearing in appeals involving industrial injuries.

Witnesses

After you give your evidence, any witnesses will give theirs. The presenting officer for NHSBSA is not usually a witness, as they are unlikely to have any prior involvement in your claim.

Closing statements

After the evidence has been heard, the judge will ask for closing statements. This is an opportunity for representatives for each side to sum up the case.

The decision

The tribunal will consider the evidence and statements in private. At this point the tribunal clerk will take you back to the waiting room. In most cases the judge will ask you to wait while the tribunal reaches its decision. However, if the judge thinks it unlikely that a decision can be reached quickly, the tribunal will post you the decision. If the tribunal can give its decision on the day, the judge will invite you back into the tribunal room to hear the decision. The tribunal will also give you a written decision notice. When the judge announces the decision, the appeal closes and there is no further discussion.

Adjournments

The tribunal may decide that it cannot reach a decision based on the evidence heard on the day. They may decide on an ‘adjournment’ – this is when they call for another hearing date to be set. When adjourning, the tribunal will aim to set a date for the next hearing. They will provide guidance and instructions to help minimise the risk of any further delay to the case.

11. After the tribunal has made its decision

Implementing the decision

If you have had an oral hearing, the tribunal will give or post you and NHSBSA the decision, usually on the day of the hearing. If your case has been decided by a paper determination, the tribunal will post you and NHSBSA the decision – you should receive it a day or 2 after the appeal was decided.

Unlike court, the tribunal has no legal powers to enforce its decisions. If the decision requires NHSBSA to pay you, the tribunal will not be able to help you get paid.

NHSBSA follows the tribunal’s decision in most cases. They will only decline if they plan to appeal against the tribunal’s decision. If they decide to appeal, they are entitled to delay paying you any award the tribunal has decided they must give you.

Once the tribunal has made its decision, you should ask NHSBSA about how the decision is implemented, as they are responsible for this. Expect a short delay following the decision while NHSBSA consider next steps.

Corrections

If you think there is an error in the decision notice, you can write to us to ask for a correction to be made. A correction will only be made if the error was accidental. NHSBSA can also ask for corrections.

Cancel the decision – ‘setting aside’

You, or NHSBSA, may apply to have the decision of the tribunal cancelled – this is called ‘setting aside’. If this happens, a new hearing can then be arranged. You can only do this in limited circumstances. These are if:

• a document relating to the proceedings (for example, notice of the hearing) was not sent or not received in time
• a hearing went ahead but you, your representative or NHSBSA did not attend and the tribunal accepts the explanation for the non-attendance
• there has been some other procedural irregularity

The tribunal will cancel the decision if one of these conditions applies and they consider it just to do so.

You must apply in writing within a month of the date on the decision notice or statement of reasons, whichever is later. A ‘statement of reasons’ is a notice that explains how and why the tribunal has made its decision – you can ask for this if you want to appeal the decision. The tribunal may extend the time limit for an application to cancel a decision if the judge decides there are good reasons to.

Further appeal

You, or NHSBSA, may apply to the Upper Tribunal for permission to appeal against the decision.

To apply for permission to appeal, you must first ask for a statement of reasons for the tribunal’s decision. You must ask for this in writing within one month of the decision notice’s date of issue. The judge that heard your appeal will write the statement.

Once you have read the statement of reasons, you may only appeal if you believe there has been an ‘error of law’. Examples of an ‘error of law’ include if the tribunal:

• applied the law incorrectly
• conducted the proceedings in breach of the proper procedures
• failed to make adequate findings of fact or to give adequate reasons for its decision

You must apply by completing a form that the tribunal will give you on request. You have one month from the statement’s date of issue to apply for permission. The tribunal may extend the time limit on setting a decision aside if there are good reasons.

Your application will be considered by a senior tribunal judge. The judge may:

• grant permission – you can then forward your appeal to the Upper Tribunal
• refuse permission – you then have the option of asking the Upper Tribunal directly for permission
• decide to cancel the decision of the tribunal without the need to refer the case to the Upper Tribunal – the judge may redecide the case or have it heard by a fresh tribunal

If the appeal proceeds to the Upper Tribunal, they have the power to cancel the tribunal’s decision and refer the case to a fresh tribunal, or to replace the decision with their own.