Going to a tribunal

If you have appealed a decision on Housing Benefit to your local council and you disagree with the outcome, you can ask for it to proceed to a tribunal, this is separate from the council, the tribunal members will look at the entire issue and make an independent decision. At this initial stage, you may well consider applying on your own, however, we suggest a word of caution here, anything you state in the paperwork could be used against you at a hearing. As such we would politely suggest starting a case so that our specialist to read through your appeal notes. It is far easier to check over paperwork at this stage than try and backtrack/explain errors to the tribunal members as any such changes weaken your case.

 

You will need to send the appeal documents to:

HMCTS Appeals Centre

PO Box 12626

Harlow

CM20 9QF

 

Remember to attach your mandatory reconsideration.

Within 28 days, the HMCTS will respond with the DWP’s reply and an explanation of the next steps.

 

How long will it take?

It can take up to 6 months for an appeal to be heard at a tribunal.

The hearing

If going to the hearing, you should supply evidence to HM Courts and Tribunal Service with plenty of time. If you can, it is a good idea to go to the hearing and make your case. Someone can accompany you at a hearing, including:

• One of our representatives;
• A solicitor;
• An official from a local advice agency; or
• A friend or relative

If you do not attend the hearing, you will not be able to answer any questions that may help your case, this has an obvious effect on the success rate.

 

Other outcomes

If the council amend their decision before the tribunal, they will inform both you and the tribunal. If their new decision is accepted by you then the hearing will be summarily cancelled. Your hearing may be cancelled in any case if you do not submit the correct documents or fill out forms accurately.

 

Receiving a decision

You will typically receive a decision at the close of the hearing. If you do not attend the hearing, or there is something they need to check then they will post the decision to you.

 

Appealing to the Upper Tribunal

If you disagree with this decision, you can apply for your case to be heard at an upper tribunal, such an appeal will only be allowed if the error was based on a point of law.

 

How we can help

Lestons can check your paperwork and maybe negotiate a solution with the council to avoid a tribunal, if this is rejected, we would be delighted to arrange representation for you at the appeal. To commission our assistance simply start a case by clicking on the link at the top of this page, you will then need to deposit a sum equal to one hour’s usage, upon receipt of these funds you will be assigned your personal caseworker who will telephone you to discuss the matter and make suggestions on how to proceed. Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our legal team and to act as your point of contact, they will also issue you with your Password and PIN, these will be needed to log onto your client dashboard. From your dashboard you will be able to manage and view every aspect of your case, upload documents, images, files etc.