First-tier and Upper Tribunal remedies
First-tier and Upper Tribunal remedies

The following Private Client guidance note provides comprehensive and up to date legal information covering:

  • First-tier and Upper Tribunal remedies
  • Remedies in the First-Tier Tribunal
  • Remedies in the Upper Tribunal

There have been concerns for many years over the detention and representation of those persons whose state of mind did not require such detention.

It was against the background of those concerns that the Tribunals, Courts and Enforcement Act 2007 passed into legislation on 19 July 2007 preceded by the Tribunals Service in April 2006. TCEA 2007 created the First-Tier and Upper Tribunals.

Remedies in the First-Tier Tribunal

The purpose of the First-Tier Tribunal is to provide patients with the mechanism to challenge detention under the Mental Health Act 1983.

The First-Tier Tribunal remedies are:

  1. correcting errors in a decision

  2. setting aside a decision

  3. reviewing a decision

  4. granting permission to appeal a decision

Correcting errors in a decision

Corrections may be made at any time to a decision when minor errors are made. The correction is made by amending and reissuing the decision or by notifying the correction to be made to the parties. This power is intended to deal with clerical mistakes, or other accidental slips or omissions which are not substantive in nature and have no bearing on the decision or reasoning for the same. It is the equivalent of the ‘slip rule’ in general litigation before the courts.

Setting aside a decision

A party must lodge any application to set aside a decision made within 28 days from the date upon