Upper Tribunal PTA refusal - No provision of further appeals process
DGM1986
Online Community Member Posts: 4 Listener
I am a fair way down the road at this point with my appeal. I am currently in the process of making a formal complaint about the handling of my case
I have been to UT and had my permission to appeal refused by Upper Tribunal
At this stage I was provided with a statement of reasons which was in essence a rehash of the FTT refusal. However, I was not provided with details pertaining to the next steps in relation to appealing to an higher court.
I have scoured the web as I was sure I had seen somewhere that this on its own would be worthy of a set aside as the tribunal failed to adhere to the Tribunal Rules 45 (4b) which states
I have been to UT and had my permission to appeal refused by Upper Tribunal
At this stage I was provided with a statement of reasons which was in essence a rehash of the FTT refusal. However, I was not provided with details pertaining to the next steps in relation to appealing to an higher court.
I have scoured the web as I was sure I had seen somewhere that this on its own would be worthy of a set aside as the tribunal failed to adhere to the Tribunal Rules 45 (4b) which states
If the Upper Tribunal refuses permission to appeal it must providewith the record of its decision—
(a) a statement of its reasons for such refusal; and
(b) notification of the right to make an application to the relevant appellate court for permission to appeal and the time within which, and the method by which, such application must be made.
Can anyone advise whether the failure to provide this would result in a set aside?
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Comments
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UT are very complex. In your previous thread you were advised to get some expert advice, did you get that? An internet forum isn't the place for advice with this because we are not experts. This is the reason why you didn't receive any other advice on your other threads. I urge you to get some expert advice. You will need to look for either Welfare Rights or a law centre. https://advicelocal.uk/welfare-benefits
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