Explanatory Note

(This note is not part of the Rules)

These Rules amend the tribunal procedure rules that apply in the First-tier Tribunal and Upper Tribunal, to expressly provide that the power to set-aside a decision of a tribunal which disposes of proceedings can be exercised by the First-tier Tribunal and Upper Tribunal, either on the application of a party or on the tribunals’ own initiative. These amendments are made to clarify the tribunals’ power to set-aside, following the decision of the Upper Tribunal in MA v Secretary of State for Work and Pensions [2020] UKUT 172 (AAC).

Additionally, rule 5(2) amends rule 35(5) of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (S.I. 2008/2699) (restrictions on disposal of proceedings without a hearing) (as inserted by rule 4(2)(b) of the Tribunal Procedure (Amendment No. 2) Rules 2024) (S.I. 2024/1283) (“2024 Amendment No. 2 Rules”) to narrow its application to hospital-based patients only. Currently, rule 35(5) provides that the Tribunal may not make a decision without a hearing on certain references, where the patient’s case has not previously been considered by the Tribunal or where the patient’s case was last considered by the Tribunal without a hearing. The amendment restores the right of community patients whose case has been referred to the Tribunal, to choose not to have a hearing of their reference in all circumstances, as was the case prior to amendments made by the 2024 Amendment No. 2 Rules.

No impact assessment has been carried out for these amendments as no, or no significant impact, on the private, voluntary, or public sectors is foreseen.