Child Maintenance Upper Tier Tribunals can only be applied for if a First Tier Tribunal has been concluded, which typically means a Decision Notice and if requested, (we would always advise you request) a Statement of Reasons, is/are issued.
To apply to an Upper Tier Tribunal, you need to complete a UT1 form, which can be downloaded here. You will only be able to have your Upper Tier Tribunal appeal heard if:
The First Tier Tribunal did not apply the correct law or wrongly interpreted the law, or
- it made a procedural error, or
- it had no evidence, or not enough evidence, to support its decision, or
- it did not give adequate reasons (in the written statement of its reasons)
However, these are only examples and the First Tier Tribunal 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 are unsure whether the tribunal was wrong in law, you may wish to consult us, or a Citizens Advice Bureau or other Welfare Rights Service but you should not miss the one-month time limit for submitting your form.
It is possible to be represented at the Tribunal by either a McKenzie’s friend or barrister. If you do not have a solicitor, you can only use a Direct Access barrister. If you have a solicitor, s/he can instruct a barrister on your behalf.
Whether you should have representation or not is something to be discussed as it is individual to your case.
Child Maintenance Upper Tier Tribunals: Get Expert Advice for Your Appeal
If you need help with your Child Maintenance Upper Tier Tribunal appeal, our experienced team can provide you with the professional advice you need. Contact us today to book an initial consultation and discuss your case with our experts.