Upper Tribunal: Administrative Appeals Chamber judgments, 2024

Whether a device is an aid under the Social Security (Personal Independence Payment) Regulations 2013 depends on what it does for the claimant’s impaired…

An appeal under section 4(2) of the Safeguarding Vulnerable Groups Act 2006 permits the Upper Tribunal to determine whether the DBS made a material mistake in…

An operator’s licence cannot be revoked under section 26(1)(h) merely because the Traffic Commissioner later changes view about an operating centre, where the…

On an appeal under section 4 of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal may receive and assess an appellant’s oral evidence to…

An appeal against a barring decision may succeed where the Disclosure and Barring Service made a material mistake of fact on which the decision was based. The…

On an appeal under section 4 of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal may correct a material mistake of fact but may not substitute…

A tribunal may withhold information pending consideration of a restriction on disclosure under Tribunal Procedure (First-tier Tribunal) (Health, Education and…

An appeal against inclusion on a barred list under Safeguarding Vulnerable Groups Act 2006, section 4, is confined to a material mistake of law or fact. It…

A review decision of the Education Tribunal for Wales is appealable to the Upper Tribunal where the governing statutory provision applies the appellate…

On an appeal under section 4 of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal determines whether the DBS made a material mistake of fact or…

When deciding whether a parent is the non-resident parent in a shared-care case, the tribunal must apply regulation 50 on its own terms. It must decide, on all…

For a beneficial supersession based on a change of circumstances, the effective date is governed by the date of the relevant application and the timing rules…

An appeal against inclusion on a barred list may succeed only for a mistake of law or a material mistake of fact; the Upper Tribunal cannot simply substitute…

Under Tribunal Procedure (Upper Tribunal) Rules 2008, r 10(3)(d), costs are exceptional. A costs order requires unreasonable conduct in bringing, defending or…

For the Safeguarding Vulnerable Groups Act 2006, holding controversial beliefs, or expressing them privately, is not itself relevant conduct and does not…

Where a refusal of a period of grace is integral to revocation of an operator’s licence, a Traffic Commissioner must give sufficient reasons for that refusal…

When deciding whether a jobseeker’s allowance claim may be backdated, a bereavement involving a close relative is not necessarily confined to the specific…

For a request to be treated as vexatious under section 14(1) of the Freedom of Information Act 2000, the tribunal must assess the request’s actual purpose and…

A Traffic Commissioner revoking a standard operator’s licence must give sufficient reasons for refusing a period of grace where that refusal is integral to the…

An appellate tribunal may interfere with a Traffic Commissioner’s decision only where the appellant establishes that it was wrong. It is insufficient that…

On an appeal under section 4 of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal must determine whether the Disclosure and Barring Service made…

On an appeal under section 4 of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal may correct a material factual mistake on which a barring…

An appellate tribunal may interfere with a traffic commissioner’s decision only where it is wrong. It is insufficient that another view of the facts is…

In assessing Personal Independence Payment activity 9, a tribunal must assess the claimant’s social engagement holistically. Employment may provide relevant…

When assessing mobility under regulation 4 of the Social Security (Personal Independence Payment) Regulations 2013, a tribunal must make sufficiently precise…

Articles governing sickness benefits for pensioners and their family members may confer an entitlement to cash benefits from the pension-paying state. They do…

A public inquiry must disclose all material evidence which the decision-maker may reasonably consider relevant and provide a fair opportunity to prepare and…

On an appeal under the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal may intervene where DBS made a material error of fact on which its barring…

On an appeal under section 4 of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal may correct a mistaken finding of fact where relevant new…

Article 8 of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 is expressly subject to the sporting-activity exclusions in Article 11. Where…

A claimant receiving education cannot qualify for Universal Credit under the disability exception unless the statutory conditions in regulation 14(1)(b) are…

On an appeal under section 4 of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal may make its own findings on all the evidence, including oral…

An appeal under section 51 of the Children and Families Act 2014 is a general appeal. The First-tier Tribunal may determine issues of fact, law and judgment…

An appeal against a barring decision under the Safeguarding Vulnerable Groups Act 2006 is confined to material mistakes of law or fact on which the decision…

A tribunal assessing disabling mental injury under the Criminal Injuries Compensation Scheme 2012 must evaluate all material evidence bearing on the claimant’s…

For the personal independence payment activity of preparing food, a tribunal must assess whether a claimant can prepare and cook a whole simple meal from fresh…

Where a person with pre-settled status under Appendix EU has suffered domestic abuse and was excluded from the route by which comparable Appendix FM partners…

For Personal Independence Payment, managing prescribed or recommended therapy may include cleaning and sterilising essential therapeutic equipment where…

An appeal against inclusion on a barred list under section 4 of the Safeguarding Vulnerable Groups Act 2006 is confined to a material mistake of law or fact by…

A detachable device may qualify as an “aid or appliance” for personal independence payment where it improves, provides or replaces an impaired physical or…

A Traffic Commissioner cannot treat an operator’s failure to request a public inquiry as making revocation inevitable. Under section 27(3) of the Goods…

The Disclosure and Barring Service must act rationally and in good faith when obtaining information for a barring decision. It need not pursue every possible…

A claimant may fail to submit to a work capability examination even if they join the appointment. The requirement entails meaningful co-operation sufficient to…

For information to fall within regulation 2(1)(c) of the Environmental Information Regulations 2004, it must be on an identified measure or activity which…

An appeal against a barring decision under section 4 of the Safeguarding Vulnerable Groups Act 2006 is confined to mistakes of law or fact made by the…

A Traffic Commissioner must revoke a standard operator’s licence where the licence-holder no longer satisfies the statutory professional-competence…

A decision to revoke an operator’s licence may involve an error of law where the decision-maker fails to take account of relevant evidence, even though the…

Where a detained patient has asked for representation under Rule 11(7)(a), has capacity, and does not expressly instruct the representative but has not…

On an appeal against inclusion in a barred list, the Upper Tribunal may intervene only if the Disclosure and Barring Service made a material mistake of law or…

On an appeal from a Traffic Commissioner, the Upper Tribunal must decide objectively whether a different view is required by reason and the law. A change in a…

An obligation to notify an improver under regulation 30(3)(c) of the Green Deal Framework (Disclosure, Acknowledgement, Redress etc) Regulations 2012 is a…

An appeal against inclusion in an adults’ barred list is confined to errors of law and material errors in the factual findings on which the decision was based.…

A procedural power to regulate a tribunal’s own procedure does not authorise it to compel the Secretary of State to exercise a substantive statutory function.…

The Disclosure and Barring Service must give adequate reasons when deciding disputed allegations on the balance of probabilities for the purpose of inclusion…

Where there is a serious possibility that the HMRC income figure used in a child-maintenance calculation is inaccurate, the First-tier Tribunal must…

A new Universal Credit claim cannot be disallowed merely because the claimant fails to provide requested identity evidence. The evidence provisions concerning…

When assessing a personal independence payment descriptor, the question is whether it is satisfied on over 50% of the days in the required period. This differs…

When assessing mobility for personal independence payment, a tribunal must make sufficient findings on each reliability criterion in regulation 4. A claimant’s…

Traffic Commissioners may require applicants for operator’s licences to provide financial evidence in a specified form and covering a specified period where…

Universal Credit etc (Claims and Payments) Regulations 2013, regulation 26(2), requires both a specified circumstance in regulation 26(3) and a finding that…

A First-tier Tribunal may set aside a final decision disposing of proceedings under rule 37 of the Tribunal Procedure (First-tier Tribunal) (SEC) Rules 2008…

On an appeal against a DBS barring decision, the Upper Tribunal must determine objectively whether the interference with Article 8 rights is proportionate. It…

For a disadvantageous supersession of a disability benefit decision to take retrospective effect under regulation 7(2)(c)(ii), the tribunal must make reasoned…

On an appeal against a licensing decision, the Upper Tribunal reviews the material before the decision-maker and intervenes only where the appellant shows that…

An appeal should be allowed where the decision under challenge contains material errors affecting the determination of an operator’s licence. In that event…

For the purposes of regulation 6(1)(b) of the Environmental Information Regulations 2004, information is publicly available if it is available to the public.…

An appeal against inclusion in a barred list lies only for a mistake of law or a mistake in a finding of fact on which the decision was based. The Upper…

A tribunal assessing a disabling mental injury under the Criminal Injuries Compensation Scheme 2012 must apply the test in Note 2 accurately. The injury is…

An appeal against inclusion on the Adults Barred List succeeds where the Disclosure and Barring Service made a material mistake of fact on which its decision…

Where a claimant transferring from DLA to PIP has received a negative determination which is later overturned, and a substantive assessment determination…

On an appeal from an operator-licensing decision, the Upper Tribunal conducts a review rather than a complete rehearing. The appellant must show that the…

In shared-care child-support cases, “day to day care” requires an assessment of practical care actually provided, not merely the hours or nights for which each…

For the seventh data protection principle, a data controller’s duty to take appropriate technical and organisational measures is anticipatory. However, where…

A First-tier Tribunal’s jurisdiction is determined by the statutory provisions conferring jurisdiction and by the circumstances existing at the relevant time.…

On an appeal under section 4 of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal may correct DBS findings of fact and substitute its own…

A tribunal may give concise reasons, and may rely on material contained in another decision, but its reasons must still explain clearly how and why it resolved…

For the purposes of regulation 4(2A) of the Social Security (Personal Independence Payment) Regulations 2013, the ability to perform an activity safely…

Entitlement to the mobility component of personal independence payment ends on reaching the relevant age unless a regulatory exception applies. An exception…

On an appeal under section 4 of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal may consider all the evidence, including oral evidence received…

Where the Secretary of State has ceased to dispute entitlement to particular Personal Independence Payment descriptors, those descriptors are no longer issues…

In an appeal against inclusion in the adults’ barred list, the Upper Tribunal may correct mistakes of law or fact on which the decision was based. Whether…

For Universal Credit, a student’s income is based on the maximum student loan the student would notionally be able to acquire by taking reasonable steps. Where…

An appeal against a Traffic Commissioner’s licensing decision is not a fresh determination of the regulatory question. The Upper Tribunal asks whether the…

An appeal against an information-rights decision engages the First-tier Tribunal’s jurisdiction where, fairly read, the appellant contends that further…

An appellate tribunal will not interfere with a Traffic Commissioner’s regulatory response unless it is plainly wrong. A revocation and associated…

On an appeal under the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal may intervene for a mistake of law or a material mistake in a factual…

For adult safeguarding purposes, a welfare check includes both visiting the vulnerable adult and reporting to the employer if the adult cannot be contacted or…

A tribunal assessing entitlement to Personal Independence Payment must consider the evidence holistically, make sufficient findings of fact, and give adequate…

An appellate tribunal should intervene in a Traffic Commissioner’s decision only where objective grounds show that the reasoning or application of law requires…

A person does not normally live at an address merely because they spend more time there than elsewhere. Whether a person is a non-dependant under paragraph…

A joint mortgage incurred while parents were a couple may be a prior debt and thus a special expense under regulation 65 of the Child Support Maintenance…

An appeal to the Upper Tribunal under section 4(2) of the Safeguarding Vulnerable Groups Act 2006 may succeed where the Disclosure and Barring Service made a…

Where an inquisitorial tribunal is alerted to the possible availability of material evidence, it must actively explore whether that evidence can be obtained.…

A traffic commissioner may find an operator or designated transport manager lacks good repute for reasons other than relevant criminal convictions. The…

A separated parent who does not have main responsibility for a child under the universal credit scheme cannot include that child in the extended benefit unit…

Parental preference for an approved school must generally be respected under Children and Families Act 2014, section 39(4), unless a statutory exception is…

A valid salary-sacrifice arrangement under which an employee contractually gives up an entitlement to cash pay in exchange for an employer pension contribution…

A fact-finding tribunal must consider the relevant evidence holistically. Where medical or other material evidence conflicts, it must make findings resolving…

An appeal against a barring decision under section 4 of the Safeguarding Vulnerable Groups Act 2006 addresses whether DBS made a mistake of law or fact. A…

A tribunal determining an evidential dispute about a claimant’s right to reside must observe ordinary standards of procedural fairness. Each party must have an…

On an appeal under section 4 of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal may determine whether the Disclosure and Barring Service made a…

On an appeal under section 4 of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal may intervene only for a mistake of law or a material mistake…

On an appeal limited to mistakes of law or fact, the Upper Tribunal may intervene where a decision-maker’s core findings omit important and relevant factual…

A tribunal determining an appeal under Freedom of Information Act 2000 must determine each distinct part of the original information request. It errs in law if…

Prescribed compression stockings constitute “therapy” under the Social Security (Personal Independence Payment) Regulations 2013. Difficulties putting them on…

A tribunal must distinguish between an issue raised by an appeal and an issue which it chooses to introduce under its discretionary powers. Where it considers…

Where an operator agrees to receive regulatory correspondence electronically through the Vehicle Operator Licensing system, notification through that system is…

An appeal against barring may succeed only where the Disclosure and Barring Service made a material mistake of law or a material mistake in a finding of fact…

In an appeal under section 5A of the Pensions Appeal Tribunals Act 1943, the stated ground of the Secretary of State’s specified decision defines the appeal’s…

On an appeal from a Traffic Commissioner, the Upper Tribunal reviews the material before the Commissioner and intervenes only where the appellant shows that…

On an appeal under section 4 of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal may find a material mistake of fact where live oral evidence…

In a disability living allowance appeal, later events will not ordinarily establish the claimant’s needs during the relevant qualifying period or the…

Housing benefit capital must be calculated using the complete statutory scheme in Section 6 of the Housing Benefit Regulations 2006. A claimant may be treated…

A tribunal must take a party’s dyslexia into account when exercising its case-management discretion, but dyslexia does not create an automatic right to an oral…

On an appeal under section 4 of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal must identify a mistake of law or a material factual finding on…

An appeal may be dismissed where appellants, having received notice and a reminder of the hearing, neither attend nor communicate with the Tribunal. This is…

When assessing whether a claimant can perform a prescribed activity safely, the tribunal must consider whether there is a real possibility of harm that cannot…

Paragraph 115(b) of the Criminal Injuries Compensation Scheme 2012 must be interpreted as a whole. A tribunal must assess the interaction between change…

An award of universal credit is a final benefit decision. Once a claim has been decided, it no longer subsists. Entitlement cannot later be ended by purporting…

On an application to strike out an appeal for having no reasonable prospect of success, a tribunal must assess a litigant in person’s materials fairly…

When deciding whether a proposed school is appropriate for a child under section 39(5) of the Children and Families Act 2014, the tribunal must in substance…

A tribunal which decides an appeal on the papers must give reasons why it can do so fairly and justly. The question must remain under review until the decision…

An advance claim for personal independence payment may be made even where the claimant does not satisfy the entitlement conditions on the claim date.…

For universal credit, capital is relevant unless a specific statutory disregard applies. Whether a payment is taxable does not determine whether it is…

An appellate tribunal must not repeat a specialist first-instance tribunal’s multifactorial evaluation. It may intervene only where an identifiable legal flaw…

For the medical-treatment exception to the requirement that an ESA claimant be in Great Britain, the absence must be objectively connected solely with…

Rule 23(1) of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 requires a substantive hearing before a…

An appeal under section 4 of the SVGA succeeds only on a material error of law or fact. The Upper Tribunal cannot substitute its view on whether inclusion in a…

For the permanent-mental-disorder descriptors in Table 3 of Schedule 3 to the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, permanence is…

In mental health tribunal proceedings, fairness may require an adjournment where a detaining authority changes its expert case shortly before the hearing. The…

A Traffic Commissioner must revoke a standard operator’s licence when a mandatory ground under the Goods Vehicles (Licensing of Operators) Act 1995 is…

A First-tier Tribunal must make sufficient findings of fact and give adequate reasons when applying the personal independence payment criteria. In particular…

On an appeal against discretionary inclusion in a children’s barred list, the Upper Tribunal may determine whether the Disclosure and Barring Service made a…

An appeal against inclusion in a barred list lies only on the grounds of a material mistake of law or a material mistake in a finding of fact on which the…

When determining entitlement to benefit, the tribunal must decide for itself whether to exercise a statutory discretion. It must not approach the issue merely…

Where there is good cause for concern that a young person lacks capacity to bring and conduct an Education, Health and Care Plan appeal, the First-tier…

An appeal against inclusion in a barred list lies only for a mistake of law or a mistake in a finding of fact on which the decision was based. The…

A tribunal must normally disclose and invite comment on specialist knowledge, expertise, or external website material on which it proposes to rely. This is…

In a Freedom of Information Act 2000 case involving legal professional privilege, the public interest in maintaining the exemption carries inherent weight, but…

An appellate tribunal will not interfere with a traffic commissioner’s decision unless it is plainly wrong. In assessing a prospective operator’s good repute…

On an appeal under Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal may intervene only for a mistake of law or in a finding of fact on which the…

Where a Traffic Commissioner invites remittal of a revocation decision for fresh determination, and the operator raises no objection, the Upper Tribunal may…

On an appeal confined to error of law, an appellate tribunal must respect a specialist tribunal’s primary role as fact-finder. It should not reweigh evidence…

For severe disability premium purposes, the requirement that no person is entitled to and in receipt of carer’s allowance concerns factual receipt, not whether…

A tribunal deciding an appeal about social care provision in an EHC plan must give sufficient reasons for choosing the form of provision recommended. Reasons…

An appeal against inclusion on a barred list is confined by Safeguarding Vulnerable Groups Act 2006 to material errors of law or fact. The tribunal cannot…

An appeal against inclusion in a barred list under the Safeguarding Vulnerable Groups Act 2006 lies only on a mistake of law or a mistake of fact on which the…

On an appeal under section 4 of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal may intervene only for an error of law or a factual error on…

Whether an Education, Health and Care Plan remains necessary is a practical question under section 45 of the Children and Families 2014 Act. The inquiry is not…

A Traffic Commissioner may treat the anticipated proportion of an applicant’s income derived from a proposed PSV operation as a proxy for whether that…

A tribunal may consolidate disability-discrimination complaints, but it must exercise its case-management powers fairly. Where consolidation fundamentally…

A temporary absence is disregarded under Regulation 11(1)(b)(i) only where, at the material time, it was both not expected to exceed one month and did not in…

For the purposes of the Goods Vehicles (Enforcement Powers) Regulations 2001, “owner” means the person shown to the authorised officer’s satisfaction to have…

A traffic commissioner must revoke a standard public service vehicle operator’s licence where the operator has no designated transport manager satisfying the…

For income-related ESA, work has its ordinary, broad meaning. Commercial activity may be work even where it is criminal. The decisive question is whether the…

Where a company applies for a standard goods vehicle operator’s licence, it must have a designated transport manager meeting the statutory requirements. If…

A revision for official error may be made only to a decision which arose from that error. An error occurring after an earlier maintenance calculation cannot…

For a strike-out application, the question is whether the appeal has a realistic, rather than fanciful, prospect of success at a full hearing. The tribunal…

A First-tier Tribunal determining a personal independence payment appeal must be constituted in accordance with the applicable Practice Statement. A two-member…

The duty to make reasonable adjustments under the Equality Act 2010 applies independently of the special educational needs framework. An education, health and…

An appeal against a barring decision under section 4 of the Safeguarding Vulnerable Groups Act 2006 is confined to whether DBS made a mistake of law or fact on…

A local authority’s decision to cease maintaining an education, health and care plan is invalid where it is made in manifest breach of the mandatory…

A non-party may not apply under rule 41 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 to set aside a decision…

The GDPR transparency principle is overarching and may require information beyond the specific duties in Articles 13 and 14. Its application is…

In a Freedom of Information Act appeal involving closed material, the tribunal must minimise to the fullest extent possible the disadvantage to the requester…

On an appeal under section 4(2)(b) of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal may hear and assess oral evidence together with the…

A tribunal must ensure that an unrepresented party has a fair opportunity to answer material evidence introduced after that party’s response. It is…

An appeal which has become academic will not necessarily be dismissed. The Upper Tribunal retains a discretion to decide an otherwise academic legal issue…

Ignorance of the existence of a criminal injuries compensation scheme is not automatically excluded from consideration as an exceptional circumstance…

A communication is a request for information under the Freedom of Information Act 2000 only if, objectively construed, it describes information sought from the…

A claimant cannot be entitled to universal credit for an assessment period where the calculated amount is £0.00. Under sections 3 and 5 of the Welfare Reform…

For claimants protected by the Withdrawal Agreement, Article 31 makes the rules and objectives of Regulation (EC) No 883/2004 apply for the purpose of…

For section 64(2) of the Freedom of Information Act 2000, a historical record is in the Public Record Office only when the Office has formally accepted it into…

A guaranteed income payment under the Armed Forces and Reserve Forces Compensation Scheme Order 2011 cannot be paid for any period before the member’s service…

An appeal to the Upper Tribunal in an information-rights case succeeds only where the First-tier Tribunal made a material error of law. It is not a rehearing…

An appeal against a barring decision under the Safeguarding Vulnerable Groups Act 2006 is limited to mistakes of law or findings of fact. The Upper Tribunal…

A tribunal errs in law where it may have failed to consider relevant evidence that was available to it and that could materially affect its assessment of a…

For a costs application under rule 10(5)(a) of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008, time runs…

An appeal against a barring decision is confined to mistakes of law and findings of fact on which the decision was based. The Upper Tribunal may consider later…

A tribunal determining an appeal against a refusal to conduct an anytime review must confine itself to that decision. It has no continuing supervisory function…

Under paragraph 42(b) of the Criminal Injuries Compensation Scheme 2001, “other resultant losses” means losses arising from the loss of parental services. It…

Information may relate to the formulation or development of government policy under section 35(1)(a) even where it also concerns a settled, high-level policy.…

Under section 12(8)(b) of the Social Security Act 1998, a tribunal must decide entitlement by reference to circumstances obtaining at the decision date. It may…

For the purposes of Freedom of Information Act 2000 section 31, whether disclosure is likely to cause real, actual and substantial prejudice is an evaluative…

Under section 4(6) of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal must direct removal from a barred list where removal is the only decision…

On an appeal under Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal may intervene only if the Disclosure and Barring Service has made a material…

An appeal against a decision notice that information is not held concerns whether the public authority held the requested information. It does not ordinarily…

When deciding whether to cease maintaining an EHC plan, a local authority or tribunal must make clear findings about the special educational provision the…

An Upper Tribunal appeal from a traffic commissioner succeeds only where the appellant shows that the decision-making process or application of law requires a…

A traffic commissioner may revoke a restricted operator’s licence where the operator has breached licence undertakings and post-licence convictions constitute…

Revocation of an operator’s licence and loss of good repute are distinct decisions. A failure to engage with regulatory correspondence may justify revocation…

A tribunal deciding an assessment appeal must identify the decisions, periods and issues that are actually before it. It must determine every material ground…

An appeal against inclusion on the children’s and adults’ barred lists may succeed only for a material error of law or fact. The Upper Tribunal cannot…

For an extension of time to claim Universal Credit under regulation 26(2), the claimant must both fall within a specified circumstance and show that, because…

In a claim under section 15 of the Equality Act 2010, the tribunal must separately consider unfavourable treatment, its reason, whether that reason arose in…

A statutory appeal against a national security certificate is not an appeal on the merits. The Tribunal’s task is confined to deciding, by applying judicial…

A positive behaviour support plan is not an exhaustive code. It forms part of a continuing process in which carers adapt safely to a service user’s changing…

In an appeal from a traffic commissioner, the Upper Tribunal will not rehear the evidence. The appellant must show objective grounds requiring the decision to…

Housing benefit overpayments must be examined payment by payment where a claimant’s circumstances or earnings change during the relevant period. The tribunal…

An appeal against inclusion in a barred list lies only on a mistake of law or a mistake in a factual finding on which the decision was based. The…

An operator’s licence may be revoked only where the statutory requirements for revocation are established on sufficient evidence and after procedural fairness…

A person imprisoned for civil contempt by a civil court is not a “prisoner” for the purposes of regulation 69(2) of the Employment and Support Allowance…

On an appeal under section 4 of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal may hear and rely on evidence that was not before the…

A payment within universal credit for limited capability for work-related activity may constitute “compensation” under article 52 of the Naval, Military and…

An appeal under the Criminal Injuries Compensation Scheme 2012 is ordinarily confined to the review decision under challenge. The First-tier Tribunal cannot…

For the reasonable-adjustments duty in schools, the comparison required by the modified section 20(3) of the Equality Act 2010 is class-based. The relevant…

An authorised person may detain a goods vehicle where the information gathered at the stop gives reason to believe it has been used contrary to the…

A tribunal must resolve material contradictions in the evidence concerning the decisions under appeal. It must not determine an appeal on an uncertain account…

Tribunals must not apply subordinate legislation that unlawfully breaches Convention rights where it can be disapplied without acting contrary to primary…

A claimant must comply with a clear and unambiguous instruction identifying the information to be reported. Where an ESA40 booklet requires notification when…

A tribunal errs in law where its reasons fail to address material oral evidence from a witness. The reasons must enable the affected party to know whether that…

Preparatory steps can establish a right of residence based on freedom of establishment before a business begins trading. The steps must be directed towards a…

A tribunal errs in law if it overlooks material medical evidence bearing on causation and fails to explain why that evidence does not establish the causal…

For housing benefit overpayments, non-compliance with the prescribed method of notification does not by itself establish that there was no official error, or…