Form

Guidance for applying: UT9

Updated 4 December 2023

Applies to Wales

The Administrative Appeals Chamber is part of the Upper Tribunal. It decides appeals on points of law from decisions of the Education Tribunal for Wales. The Upper Tribunal consists of High Court judges and other specialist judges appointed by the King.

Form UT9 is to be used for applying to the Upper Tribunal for permission to appeal against a decision of the Education Tribunal for Wales. It should also be used for appealing to the Upper Tribunal if the Education Tribunal for Wales has already granted permission to appeal.

Form UT9 should be lodged with (that is, sent or delivered to) the Office of the Administrative Appeals Chamber of the Upper Tribunal so that it is received no later than one month after the date the Education Tribunal for Wales sent you notice of the refusal or grant of permission to appeal. If you are late, you must explain why in Part G of the form.

Before you apply, you must apply to the Education Tribunal for Wales for permission to appeal. You should have received information from the Education Tribunal for Wales about how and when to do this.

The applicant or appellant

An applicant is a person applying to the Upper Tribunal for permission to appeal to the Upper Tribunal. An appellant is a person who has been given permission to appeal and is now appealing to the Upper Tribunal. Form UT9 is for use by both applicants and appellants.

You should tick the appropriate box to indicate whether you are applying for permission or appealing as the child’s parent or the person with parental responsibility or as the local authority.

The child

Whoever is completing this form as an applicant or appellant should complete Part B 
giving the information asked for about the child who is the subject of the appeal.

The parent or person with parental responsibility

Whoever is completing this form as an applicant or appellant should complete Part C giving the information asked for about the parent or the person with parental responsibility.

The parent’s representative

If you are a parent (or the person with parental responsibility) and you are applying for permission to appeal or appealing, you do not need to have a representative. You may fill in this form yourself and the Upper Tribunal office will correspond with you. However it is open to you to be represented by a solicitor or by any other person. If you have a representative, you should give their details in the boxes provided in Part D. The Upper Tribunal office will then correspond only with your representative.

The local authority

Whoever is completing this form as an applicant or appellant should complete Part E 
giving the information asked for about the local authority.

The Education Tribunal for Wales that decided your case

The place where the Education Tribunal for Wales appeal or claim was heard, the date of the decision and the appeal or claim number should all be on the tribunal’s written decision.

Reasons for any delay

You should have made a written application to the Education Tribunal for Wales for permission to appeal to the Upper Tribunal so that it was received in the Education Tribunal for Wales’s offices no later than 28 days after you were sent written reasons for the tribunal’s decision (or notification of amended reasons or correction following a review or notification that an application to review was not successful).

Form UT9 should be sent or delivered to the Office of the Administrative Appeals Chamber of the Upper Tribunal so that it is received no later than one month after the date the Education Tribunal for Wales sent you notice of the refusal or grant of permission to appeal.

If your application or appeal to the Upper Tribunal is late you must ask for an extension  of time and explain the delay in Part F of the form. For the Upper Tribunal to accept your application or appeal you must show a good reason.

If your application for permission to appeal was refused by the Education Tribunal for Wales because it was late you should explain the delay in Part F of the form. The Upper Tribunal may take into account the length of the delay, and other matters such as the potential importance of the case, so you can also mention these as reasons.

Use the box provided on the form or a separate sheet of paper if necessary. If you use a separate piece of paper, put your name and the Education Tribunal for Wales appeal or claim number on it and  attach it firmly to the form.

Reasons for appealing

You must explain why you think the Education Tribunal for Wales’s decision is wrong in law. Examples of mistakes of law are that the tribunal:

• did not apply the correct law or wrongly interpreted the law

• made a procedural error

• had no evidence, or not enough evidence, to support its decision

• did not give adequate reasons (in its written decision or the written  statement of its reasons)

These are only examples and the Education Tribunal for Wales decision may be wrong in law for some other reason. You should explain in as much detail as possible why the decision in your particular case is wrong in law. If you have a representative they will advise you and may complete the form for you. You should not miss the one month time limit for sending in your application form.

What you have said on form UT9 will be treated as your main submission on the appeal (even if you are now only applying for permission to appeal). You should therefore make sure that you say everything you wish to at this stage. On the other hand, remember that  short clear submissions may be more effective than long repetitive ones.

You may use a separate piece of paper if you wish but put your name and appeal reference number on it and attach it firmly to the form.

If the Education Tribunal for Wales granted you permission to appeal on limited grounds and you are now appealing please state whether you also wish to apply for permission on additional grounds and tick both boxes in Part J of form UT9.

Request for an oral hearing

If you are applying to the Upper Tribunal for permission to appeal and you or your representative wish to appear before an Upper Tribunal judge at an oral hearing of your application, fill in the relevant boxes in Part I.

If you are refused permission to appeal (or given permission on limited grounds or subject to conditions) without an oral hearing and the judge has not certified the whole or part of your application as being totally without merit, you will be given the opportunity to ask (within 14 days) for that decision to be reconsidered at an oral hearing.

An oral hearing could be face to face or by video or phone. Hearings will normally be held at regional locations throughout Wales. Your hearing may be conducted in Welsh.  Please indicate in the box provided. You will be sent further information if the Upper Tribunal judge allows your request for an oral hearing.

Do not fill in the boxes about an oral hearing if the Education Tribunal for Wales has given you permission to appeal. In that case, or if you are given permission to appeal by the Upper Tribunal, you will be given an opportunity of asking for an oral hearing of your appeal at a later stage.

Application or appeal to the Upper Tribunal

Even if you have a representative, the applicant or appellant must sign the form personally in Part J. Your signature will be taken as authority for the representative named in Part D to act for you. The only exception to this rule is where the representative is a solicitor.

A solicitor is presumed to be acting on instructions and may sign the form on behalf of the applicant or appellant.

Where to send the form

You must use the E-Filing service to send form UT9 and the required documents to the Upper Tribunal (Administrative Appeals Chamber) if you are:

• legally represented
• applying or appealing on behalf of the local education authority or responsible body

You can find more information about using the E-Filing service.

If you are not legally represented, you should use the E-Filing service. If you are unable to, you must email or send form UT9 to:

The Administrative Appeals Chamber of the Upper Tribunal
Civil Justice Centre
2 Park Street
Cardiff
CF10 1ET

Email: adminappeals@justice.gov.uk

If you are late, you can still end in your form but you must explain the delay in Part G of the form.

You must enclose the documents listed at the end of the form. Otherwise, your application or appeal may be delayed and may not be admitted.

Keep these notes in a safe place so that you have a record of the address of the Upper Tribunal office.

Contact the office if you are not told within a week that the form has been received.