Tribunal reasons letter

Hi Ali

I'm sorry this has happened to you. I'm afraid we don't have any examples of what the SOR should look like.

A Statement of Reasons is intended to explain to an applicant or a consulted third party how the decision was made.

As well as the SOR did you get hold of the ROP (Record of Proceedings)? This is a recorded copy of the actual Tribunal hearing and you are entitled to a copy if you request it.

If you are unhappy with the decision of the Tribunal once you have copies you can then decide if you want to go to the Upper Tribunal, you can only appeal to the UT on a point of law and not because you do not like the Tribunal decision.

www.gov.uk/appeal-benefit-decision/unhappy-tribunals-decision

BIS

Hi Ali,
As BIS has stated if you wish to appeal you need to find an error of law.
First thing make a copy of the statement of reasons. (WSOR) Set this to the side and keep it. (You may need to send in a copy to Upper Tribunal!)
Using the copy, you can then make notes in the margin.
If you have the record of proceedings go through this. Compare with WSOR. Do they match? Has the Tribunal correctly summarised the evidence given at the hearing? Are there any conflicts with the evidence in the papers? A major discrepancy in what the Tribunal think was the evidence and what was actually said/written could amount to an error of law if sufficiently significant.
If the Tribunal are relying on the wrong evidence, ignoring evidence or have become completely confused over evidence it is highly likely that they will have come to the wrong conclusion regarding PIP activities. Have the Tribunal properly explained why they have relied on some evidence and nit other when there a conflict.
Note down or underline the discrepancies.
Next go through each descriptor.The members guides give the exact wording. Has the correct wording been used?
If wrong legal test is used it is likely to be an error of law.
Lastly consider whether Tribunal has considered 2 important regulations.
1. Reg 7 - rules about descriptor only need apply for 'majority of days' NB not majority of time! Also about highest value descriptor points being awarding if 2 or more in section apply equally.
2. Reg 4(2A)
Safety
Acceptable standard
Repetition across whole day as is reasonably required
Reasonable time

If speed of completion of PIP task is an issue did the Tribunal consider this?
Acceptable standard- is there pain, was it considered, any other aspect of making a reasonable job of completing the task considered?
Risk of injury, falls, epilepsy other health risks?
Can you do the tasks every time you need to, do you miss one or 2?

A failure in one of the criteria will almost certainly give rise to some points.
If you can find that theTribunal failed to consider/explain evidence, misapplied the law or was brusque or condescending, maybe kept interrupting you it is likely to be an error of law.
BUT...
You will need to show that this woukd be enough to give you an award ir a higher award. If you were correctly awarded 4 points, and there us an error whereby you should have been awarded another 2 points, you still haven't reached the 8 point threshold so there an error of law but not a MATERIAL one.
If however you have 6 points, for the same error the extra 2 points is now material as it could provide a standard level award.
There is no such thing as a normal wsor, they are all different But they need to set out history of claim, evidence provided, evidence relied on, with proper reasoning. Law. How facts apply to law. Points awarded and why. Explanations only need to be brief as long as it is clear enough what the Tribunal were thinking.
I hope this helps.
LL26

Hi Ali,
Oh dear. Sounds very 'erroneous'!

If you are sure there is at least one material error of law and want to appeal, you need to send a letter to the tribunal headed 'Request to set aside First tier tribunal Decision and/or request to seek leave to appeal to Upper Tribunal.'
Set out in numbered paragraphs.
1.Brief history of claim eg On 13th March 2023 I made of PIP. On 14th May 2023 DWP awarded zero points. The points tally remained the same after the MR decision on 17th September 2023. An appeal was made to FtT - on 7th January 2025 following a hearing The FtT refused the appeal and maintained zero points on both components. I now request that the FtT decision of 7th Jan. 2025 is set aside and/or leave to appeal to the Upper Tribunal is granted as the FtT decision contains the following errors of law

Grounds of Appeal
Ground 1
The FtT has failed to apply the correct legal tests in respect of the Descriptor tests, Descriptor 1 2, 4, 5 &7- this is an error of law
Ground 2
The FtT has sought to rely on 'facts' that are not borne out by the evidence
Etc etc

Then go back as heading
Ground 1
Explain this particular error of law
Do the same for each potential ground.
You would normally need to make the set aside request within 1mth of receipt of WSOR . You can put in a late request if you can show good cause eg illness or seeking legal advice. Etc.
The regional judge will consider the request. He can set aside the case if he is satisfied there is a material error if law and a fresh hearing will be set up in the future at FtT -different panel.
Regional judge can agree to refer to Upper Trib if there is a complex issue or perhaps a widespread problem that needs resolving. If the Reg. Judge refuses the request you can apply directly to Upper Tribunal.
However, whilst it is possible for a claimant to lodge their own appeal to Upper Trib I would seriously urge that you seek advice from a specialist advice unit that deals with Upper Trib appeals.
I hope this helps
LL26