Dispose of business or commercial waste

Your responsibilities

You must:

keep waste to a minimum by doing everything you reasonably can to prevent, reuse, recycle or recover waste (in that order) - get help to do this

sort and store waste safely and securely

complete a waste transfer note for each load of waste that leaves your premises

check if your waste carrier is registered to dispose of waste

not allow the waste carrier (your waste carrier) to dispose of your waste illegally (and report them (your waste carrier) to Crimestoppers if they (your waste carrier) do)

You have extra responsibilities if you’re dealing with hazardous waste.

What counts as business waste

Any waste that comes from a commercial activity is business waste. If you use part of your home to run your business then any waste from that part is business waste.

Business waste also includes any waste that comes from:

construction

demolition

industry

agriculture

Check what you need to do in Northern Ireland, Scotland and Wales.

Disposing of your own waste

You must register as a waste carrier if you want to dispose of your own waste regularly. Apply to register in:

England

Wales

Scotland

Northern Ireland

Depending on what you’re doing, you may also need to apply for a waste permit.

Moving waste between countries

You cannot move waste between countries for disposal, for example to send it to landfill. You can usually only import or export waste to recover it, such as using waste to produce energy.

Read the guide on waste imports and exports.

Sorting and storing waste

You must store waste safely and securely. To do this:

store waste in a secure place

use suitable containers that will stop waste escaping

label containers clearly with the type of waste they (suitable containers that will stop waste escaping) contain

use covers to stop waste blowing away

use waterproof covers if rain could cause contaminated run-off or prevent the waste from being reused

You have extra responsibilities if you’re storing hazardous waste.

Store different types of waste separately, so that:

they (different types of waste) do not contaminate each other

they (different types of waste) can be reused more easily

you can complete the waste transfer note correctly

Waste transfer notes

For each load of non-hazardous waste you move off your premises, you need a waste transfer note or a document with the same information, such as an invoice.

Register online to:

fill in a waste transfer note for a single load of waste

create a season ticket for a series of loads

Or download a waste transfer note to fill in and sign on paper.

Your business and the business taking your waste both need to:

Fill in the sections of the waste transfer note that apply to you.

Sign it (the waste transfer note).

Keep a copy for 2 years.

Show it (the waste transfer note) to an enforcement officer from your local council or the Environment Agency if asked.

You must include enough information to help the business taking your waste to handle and dispose of it (waste) safely.

Contacts

Contact the organisation in your region if you have any questions about business and commercial waste.

England

Scotland

Wales

Northern Ireland


Preventing air pollution

Local controls

Your local council can introduce extra controls on emissions if there are air quality problems in your area.

Air Quality Management Areas

If air quality falls below required standards, your council will declare an Air Quality Management Area (AQMA) and plan for improvements.

Check if your business is in an AQMA and if you’re affected by:

road charging

parking restrictions

increased restrictions on waiting and loading times

taxes to encourage moving goods by rail

the review of planning applications by a pollution control team

Smoke control areas

Your council can also declare a smoke control area. This means you can only use authorised fuels, or exempted furnaces and boilers. Chimney smoke is not allowed, with only a few exceptions.

You could be fined up to £1,000 for each offence.

If you’re a contractor working at different locations you should always check if you’re in a smoke control area.

Dark smoke

The darker the smoke, the more polluting it tends to be. Smoke darker than a specified shade of grey is officially classified as ‘dark smoke’.

The Ringelmann chart is used to define dark smoke. The chart has 5 shades of grey with 0 being clear and 5 being black. Smoke is considered ‘dark’ if it is shade 2 or darker.

Chimney and boiler restrictions

You mustn’t release dark smoke from your premises, including from:

chimneys serving furnaces

fixed boilers or industrial plants, whether they’re attached to buildings or not

There are some exemptions if emissions won’t damage health or cause a nuisance.

Boilers and furnaces

You need a permit for most generators, furnaces and boilers.

Get a permit

The permit you need depends on the type and amount of fuel you’re burning.

Part A(1) environmental permit

You’ll need a Part A(1) environmental permit if your appliances:

have an aggregated rated thermal input of 50 megawatts (mw) or more

burn waste oil, recovered oil or any fuel made from waste, with a rated thermal input of 3 to 50 mw

Get a Part A(1) permit from:

Environment Agency if you’re in England

Natural Resources Wales (NRW)

Scottish Environment Protection Agency (SEPA)

Part B environmental permit

You’ll need a Part B environmental permit if your appliances:

have a rated thermal input of 20 to 50 mw

burn waste excluded from the Industrial Emissions Directive (IED) with a rated thermal input of 0.4 to 3 mw

Get a Part B permit from:

your local council if you’re in England and Wales

SEPA if you’re in Scotland

You’ll need a Small Waste Incineration Plant (SWIP) environmental permit if your appliance can burn either:

less than 10 tonnes per day of hazardous waste

less than 3 tonnes per hour of non-hazardous waste (equivalent to 72 tonnes per day)

Get a SWIP environmental permit from your local council.

Installing furnaces

Your local council must approve:

the use of a new non-domestic furnace in a building, fixed boiler or industrial plant

changes to an existing furnace

Contact your local council about getting approval for grit and dust arrestment equipment for your furnace if it’s going to be used to burn:

pulverised fuel

any other solid matter at a rate of 45.4 kilograms (kg) or more an hour

liquid or gaseous matter at a rate equivalent to 366.4 kilowatts (kw) or more

You might not need approval if your boiler won’t create emissions that can damage health or cause a nuisance. Contact your local council to check if you’re exempt.

Chimney height requirements

Your chimney must be high enough to prevent smoke, grit, dust, gases and fume emissions from damaging health or causing a nuisance. Your local council can refuse your application if your chimney isn’t high enough.

You must apply for chimney height approval if your boiler’s fuel consumption either:

exceeds 45.4 kg of solid fuel an hour

exceeds 366.4 kw of liquid or gas fuel

If your approval application is refused your local council will tell you the minimum chimney height you need.

A chimney may be exempt if it’s used as part of:

a temporary replacement, for example if the boiler or furnace is being repaired

a temporary source of heat or power for building works

an auxiliary plant to bring the main plant up to operating temperatures

a mobile source of heat or power for agricultural purposes

If the use of your chimney changes you must re-apply for approval.


Maritime safety: weather and navigation

Maritime Safety Information broadcasts

HM Coastguard regularly broadcasts Maritime Safety Information (MSI) by radio. MSI includes:

information on wind strength and direction

warnings of restricted visibility

updates on sea conditions

navigational guidance and warnings

MSI (Maritime Safety Information (MSI)) broadcasts may be interrupted or delayed due to search and rescue operations.

You must check MSI (Maritime Safety Information (MSI)) and other weather and tide information to avoid collisions and accidents at sea. You must also make sure that you understand any navigational guidance or warnings that are broadcast to your ship.

How to receive MSI (Maritime Safety Information (MSI))

MSI (Maritime Safety Information (MSI)) is broadcast:

by NAVTEX (Navigational telex) out to 270 miles

on VHF out to 30 miles

on MF out to 150 miles

Read the Maritime and Coastguard Agency (MCA) guide to maritime safety information, which includes information on broadcast frequencies.

Weather and tide information

Weather information at sea

Find information about conditions at sea from The Met Office provides useful information about conditions at sea, including:

a shipping forecast and gale warnings

marine observations which give information on wave height, visibility and sea temperature

Longer-term weather outlooks

You can get an extended outlook with information up to 5 days in advance on the 518 NAVTEX service.

Information about tides

The UK Hydrographic Office provide information on tides through the Admiralty Easy Tide Service.

Navigational guidance and warnings

You can get navigational information by radio from:

navigational warnings, broadcast on either NAVTEX (NAVTEX (Navigational telex)) or Inmarsat SafetyNET

NAVAREA (I) warnings, broadcast through EGC SafetyNET

UK coastal navigational warnings broadcast on VHF and MF on selected aerials at 4-hourly intervals

Read more about maritime safety broadcast times and medical advice calls.

In-force navigational warnings are shown on the UK Hydrographic Office (UKHO) (The UK Hydrographic Office) website.

Reporting navigational hazards

You may get warnings about:

damaged or broken lights, fog signals, buoys and navigational aids that affect main shipping lanes

wrecks, reefs, rocks and shoals that might be a danger to main shipping lanes

drifting hazards, such as derelict ships, mines, ice

unexpected changes or closures of established routes

cable or pipe laying, naval exercises or underwater operations that might be a danger for shipping lanes

problems with radio navigation, radio or satellite maritime safety information services

areas to avoid where search and rescue and anti-pollution activities are happening

Contact the United Kingdom Hydrographic Office (UKHO) Radio navigational warning helpline if you’ve spotted any of these hazards or want to ask about them.

You’ll have to contribute toward the cost of broadcasting any necessary warnings if you’re responsible for causing a navigational hazard.

Navigating safely

Safe navigation is particularly important in adverse weather and sea conditions.

Read more about keeping a safe navigational watch on merchant ships.

Navigation lights, shapes and sound signals

Your ship must comply with the requirements for navigation lights and other equipment in the ‘Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations’.

Restricted visibility

Read information on navigating in restricted visibility.

High-speed craft

Read information on controlling high-speed craft in adverse sea conditions.

Navigating in the Dover Strait

The Dover Strait is one of the busiest shipping lanes in the world. The Dover Strait (the Dover Strait) Traffic Separation Scheme (TSS) exists to help ships crossing the Dover Strait to navigate safely and avoid collisions.

Read information about the TSS (The Dover Strait (the Dover Strait) Traffic Separation Scheme (TSS)) and guidance for ships in the Dover Strait.

The Dover Strait (the Dover Strait) and Channel Navigation Information Service (CNIS)

The Dover CNIS provides a 24-hour radio and radar service for all shipping in the Dover Strait.

Dover CNIS (The Dover CNIS) broadcasts information in the Dover (the Dover Strait) TSS (The Dover Strait (the Dover Strait) Traffic Separation Scheme (TSS)) area every 60 minutes (30 minutes if visibility drops below 2 miles). You can find these on VHF radio channel 11.

Dover CNIS (The Dover CNIS) broadcasts information on:

weather and sea conditions

navigational hazards, like hampered vessels

misplaced or defective navigational aids

deep draught bulk carriers and tankers

vessels under tow

surveying vessels

unorthodox crossings, such as cross-channel swims

Information is also broadcast about any ship that appears to be breaking the
International Regulations for the Prevention of Collisions at Sea to warn other ships of a potential hazard.

Ships using the TSS (The Dover Strait (the Dover Strait) Traffic Separation Scheme (TSS)) are automatically tracked by radar. This information can be used in a prosecution if any ship breaks the law.

Voyage data recorders

A voyage data recorder (VDR), often known as the ship’s ‘black box’, collects and stores information over the course of a ship’s journey, including:

the ship’s (a ship’s) position

audio from the ship’s (a ship’s) bridge

the ship’s speed and heading

depth under the keel

VHF radio communications

All VDRs must be tested after installation and then inspected every year.

Find out more about the requirements for voyage data recorders.

The Global Maritime Distress and Safety System

The Global Maritime Distress and Safety System (GMDSS) (The Global Maritime Distress and Safety System) is a maritime communications system used for:

emergency and distress messages

vessel-to-vessel routine communications

vessel-to-shore routine communications

If you own commercial ships with over 300 gross tonnage, or certain smaller craft, fit them with GMDSS equipment.

Most offshore yacht races also now insist that competing yachts are GMDSS-equipped.

Read the Merchant Shipping (Radio Installations) Regulations for more information on who has to fit GMDSS.

Digital Selective Calling (DSC) for pleasure craft

It’s voluntary for small leisure craft to have GMDSS, but HM Coastguard strongly recommends that pleasure craft install GMDSS with DSC (Digital Selective Calling (DSC) for pleasure craft).

DSC (Digital Selective Calling (DSC) for pleasure craft) is a tone-signalling system with the ability to include other information like:

a vessel’s identification number

the purpose of the call

your position

the channel you want to speak on

Register 406 MHz beacons

A 406 megahertz (MHz) beacon can send a distress signal via satellites to alert search and rescue authorities to your location. There are 3 types:

Emergency Position Indicating Radio Beacons (EPIRBs) for ships and boats

Emergency Locator Transmitters (ELTs) for aircraft

Personal Locator Beacons (PLBs) for personal use

You must register your 406 MHz beacon with the coastguard (HM Coastguard) and keep your registration up to date.

If your beacon is activated and a distress signal received, the search and rescue authorities will contact you using the information on the register (register).

You must provide an emergency contact who will be called if you’re unreachable.

Notify the coastguard (HM Coastguard) of changes to your beacon or your vessel - this will help to locate you in an emergency.

Register or update a registration

You can register or update a registration online.

Registration and updates are free.

Contact the UK Beacon Registry for help with registering.

Navigation equipment for small commercial vessels

Small commercial ships should keep a listening watch on VHF channel 16 for any coastguard (HM Coastguard) announcements.

You should fit VHF DSC (Digital Selective Calling) if your ship needs a fixed VHF channel to receive these broadcasts.

All new vessels and all those replacing VHF radios must have VHF DSC (VHF DSC (Digital Selective Calling)) installed.

Radio installation

You must mount any radio aerials as high as you can to get the best possible reception. If your main aerial is fitted to a mast, you should also provide an emergency aerial.

Contact the Maritime and Coastguard Agency (MCA) if you’re not sure of the VHF coverage in the area where you’ll be operating.

You must make sure that you’re able to charge the batteries that charge the ships’ radio equipment and that they’re protected from flooding.

Your fixed radio installation should be marked with:

the ship’s call sign

codes for the use of the radio

Maritime Mobile Service Identity (MMSI) number (where applicable)

You should also have a card giving information on radio distress, urgency and safety procedures in full view of the radio operating position.

Navigation lights, shapes and sound signals

Your ship must meet the requirements of the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations.

Small vessels may be exempt from certain requirements, for example if:

you only operate between sunrise and sunset or in favourable weather, in which case you do not have to carry navigation lights

your vessel is less than 12 metres in length, in which case you do not have to carry sound signalling equipment

Read the rules in section 17 of MGN 280 on navigation lights, shapes and sound signals for small commercial vessels. Rules for other navigational equipment are detailed in section 18.


Tax credits if you leave or move to the UK

Your family lives abroad

If your partner is outside the UK and you do not have children, check the Working Tax Credit guidance for information on whether you can continue to claim.

You have a child who lives abroad

If you already get Working Tax Credit and want to add Child Tax Credit to your claim, check if you’re eligible.

If you already get Child Tax Credit, you may be able to make a claim for an additional child if:

you are working in the UK

the child is living in the EEA or Switzerland

you are supporting the child

You must also be one of the following:

an EEA or Swiss citizen who has settled or pre-settled status under the EU Settlement Scheme

an EEA or Swiss citizen who had a right to reside in the UK on 31 December 2020

a family member of an EEA or Swiss citizen (who has settled or pre-settled status under the EU Settlement Scheme or had a right to reside in the UK on 31 December 2020) and you are residing in the UK

a person with dual nationality, one of which is nationality of an EEA country or Switzerland (the EEA or Switzerland)

covered by any of the other conditions in the Withdrawal Agreement with the EEA and Switzerland (the EEA or Switzerland)

You usually cannot claim for a child who lives outside the EEA or Switzerland. There’s an exception if your partner is a Crown servant posted abroad.

You must let HMRC know within a month if your partner or child join you in the UK. This is because your tax credits payments may change.

Your partner gets benefits in an EEA country or Switzerland

If you’ve got children and your partner gets benefits paid by an EEA country or Switzerland (the EEA or Switzerland), this may affect your tax credits. You must tell HMRC if you or your partner are paid benefits by an EEA country or Switzerland.

Some benefits are counted as income, for example benefits paid because of unemployment.

Going abroad

Your tax credits will stop if you expect to be away for one year or more.

You may still qualify for tax credits if you go abroad for a short period, for example on holiday or for medical treatment.

Reason for leaving | How long you can get tax credits for

Medical treatment for yourself, your partner or your child | Up to 12 weeks

Death of your partner, a child or close relative of either you or your partner | Up to 12 weeks

Any other reason, for example holidays or business | Up to 8 weeks

If your trip is going to last longer than 8 or 12 weeks, contact HM Revenue and Customs (HMRC) (HMRC) within a month. Your tax credits will end unless:

you get UK benefits or State Pension and you live in another European country with a child

you work and pay National Insurance contributions in the UK, but your family lives in another European country

You live outside the UK

You may continue to get tax credits if you’re a Crown servant posted overseas or you live abroad with your child and get UK benefits or the State Pension.

You’re a Crown servant posted overseas

You may continue to get tax credits, just as if you were living in the UK. HM Revenue and Customs (HMRC) (HMRC) will treat you as being in the UK if any of the following applies:

you are, or were just before you were posted abroad, ‘ordinarily resident’ in the UK

you’ve had a series of postings abroad, with no breaks in between - and you are or were ‘ordinarily resident’ in the UK immediately before the first of those postings

you were in the UK just before you were posted abroad and the reason you were in the UK was connected to your posting - this can apply to a single posting or to a series of postings

Ordinarily resident

Ordinarily resident means you normally live in the UK, and plan to stay here for the time being. When HMRC decides if you’re ordinarily resident in the UK they (HMRC)’ll look at things like:

where your settled home is

where your close family live

why you came to the UK

if you plan to leave the UK permanently in the next 2 or 3 years

Your partner’s a Crown servant posted overseas

You may continue to get tax credits if your partner’s a Crown servant posted outside the UK and you:

live with your partner while they work abroad

live in the UK while your partner works abroad

You do not need to be ordinarily resident in the UK during the time you’re with your Crown servant partner overseas.

You have a child - and get UK benefits or State Pension

If none of the sections above (the following) apply to you, you may continue to get Child Tax Credit (or add it to an existing Working Tax Credit claim) if you and your child (a child) live in a European Union (EU) member state and you get State Pension or one of the following benefits:

Incapacity Benefit

State Pension

Widow’s Benefit

Bereavement Benefit

Industrial Injuries Disablement Benefit

contribution-based Employment and Support Allowance

Severe Disablement Allowance

You will not be able to get Child Tax Credit if you do not live in an EU (European Union (EU)) member state, unless you (or your partner) are a Crown servant posted abroad.

Moving to the UK

You must have been living in the UK for 3 months before you were eligible to claim Child Tax Credit if you moved to the UK on or after 1 July 2014 and do not have a job. This does not apply if you:

are a family member of someone who works or is self-employed

are a refugee

have been granted discretionary leave to enter or stay in the UK and you can get benefits

have been given leave to stay as a displaced person and you can get benefits

have been given to leave to stay and have applied for settlement as a victim of domestic violence

have been granted humanitarian protection

were made redundant in the UK (or your family member was) and you’re looking for a job or in training

were working in the UK before but temporarily cannot work because of your health or an accident

have been abroad for less than a year but usually live in the UK and were claiming Child Tax Credits before moving

have been abroad for less than a year but usually live in the UK and were in the UK for at least 3 months before moving

paid Class 1 or Class 2 National Insurance contributions while you were working abroad, and paid these in the 3 month period before returning to the UK

Cross-border workers

You may continue to get tax credits if you regularly travel from:

another country to work in the UK

the UK to work in another country

Working Tax Credit

You may continue to get Working Tax Credit if you live in:

an EEA country (including Switzerland) and work in the UK

the UK and work in an EEA country (including Switzerland)

Child Tax Credit

You and your partner - if you have one - may continue to get Child Tax Credit for your children if:

you work in the UK

you pay National Insurance as a worker here

your child lives in an EEA country or in Switzerland

your child is living with your partner or someone else and they depend on you to support them

Childcare costs

You can usually claim help for your childcare costs through the childcare element of Working Tax Credit.

To qualify your children must either:

be in registered or approved childcare in the UK

be in childcare approved by a Ministry of Defence accreditation scheme abroad - if you’re a Crown servant posted abroad

Immigration control

You usually cannot get tax credits if you’re ‘subject to immigration control’, although there are some exceptions. You’ll still need to meet the other qualifying rules, for example work the right number of hours.

When you arrived in the UK your passport may have been stamped. The stamp shows the conditions of your stay in the UK, for example ‘no recourse to public funds’. Public funds include tax credits and most benefits.

Exceptions

You may continue to get tax credits if:

your partner lives in the UK and is not subject to immigration control

one of the examples below applies to you or your partner

You have permission to stay in the UK because someone else supports you

You may continue to get tax credits if someone else is responsible for your maintenance while you’re in the UK. This means they pay for your upkeep and provide you with somewhere to live. This person is often called your ‘sponsor’, and could be a friend, employer or relative.

All of the following must apply:

your sponsor has given the Home Office a written statement saying that they’re sponsoring you

your sponsor has permission to stay in the UK

you’ve been living permanently in the UK for at least 5 years, either since you came into the UK or since you started being sponsored (whichever date is later)

You may also continue to get tax credits if you’ve been living in the UK for fewer than 5 years, but:

your sponsor has died

all your sponsors - if you had more than one - have died

You’re from Albania, Morocco, San Marino or Tunisia

You cannot get Working Tax Credit.

You may continue to get Child Tax Credit if you’re either working in the UK or you’re not working because you’re:

retired

pregnant or looking after children

sick or disabled or your partner has died

You’re from Turkey

To continue to get Working Tax Credit you need to be lawfully present in the UK and a Turkish national.

retired

pregnant or looking after children

You’re from North Macedonia

You may continue to get Working Tax Credit if you’re a national of North Macedonia. You’ll need to be lawfully present in the UK.

You cannot normally get Child Tax Credit. However, you may continue to if you’ve been getting payments for your children through Income Support or income-based Jobseeker’s Allowance.

You claimed asylum before 5 February 2006

You may continue to get Child Tax Credit if you received financial support for your children through Income Support or income-based Jobseeker’s Allowance.


Children with special educational needs and disabilities (SEND)

Overview

Special educational needs and disabilities (SEND) can affect a child or young person’s ability to learn. They can affect their:

behaviour or ability to socialise, for example they (a child or young person’s) struggle to make friends

reading and writing, for example because they (a child or young person’s) have dyslexia

ability to understand things

concentration levels, for example because they (a child or young person’s) have ADHD

physical ability

Who to talk to

If you think your child may have special educational needs, contact the SEN co-ordinator, or ‘SENCO’ in your child’s school or nursery.

Contact your local council if your child is not in a school or nursery.

Your local Information, Advice and Support (IAS) Service can give you advice about SEND.

Support your child can receive

Your child may be eligible for:

SEN support - support given in school, like speech therapy

an education, health and care (EHC) plan - a plan of care for children and young people aged up to 25 who have more complex needs

If you or your child got support before September 2014 this will continue until your local council changes it to an EHC plan.

Special educational needs support

Your child will get SEN support at their school or college.

Your child may need an education, health and care (EHC) plan if they need more support than their school provides.

Children under 5

SEN support for children under 5 includes:

a written progress check when your child is 2 years old

a child health visitor carrying out a health check for your child if they’re aged 2 to 3

a written assessment in the summer term of your child’s first year of primary school

making reasonable adjustments for disabled children, like providing aids like tactile signs

Nurseries, playgroups and childminders registered with Ofsted follow the Early Years Foundation Stage (EYFS) framework. The framework makes sure that there’s support in place for children with SEND.

Talk to a doctor or health adviser if you think your child has SEND but they do not go to a nursery, playgroup or childminder. They’ll tell you what support options are available.

Children between 5 and 15

Talk to the teacher or the SEN co-ordinator (SENCO) if you think your child needs:

a special learning programme

extra help from a teacher or assistant

to work in a smaller group

observation in class or at break

help taking part in class activities

extra encouragement in their learning, for example to ask questions or to try something they find difficult

help communicating with other children

support with physical or personal care difficulties, for example eating, getting around school safely or using the toilet

Contact the college before your child starts further education to make sure that they (Young people aged 16 or over in further education) can meet your child’s needs.

The college and your local authority will talk to your child (your child’s) about the support they need.

Extra help

An education, health and care (EHC) plan is for children and young people aged up to 25 who need more support than is available through special educational needs support.

EHC plans identify educational, health and social needs and set out the additional support to meet those needs.

Requesting an EHC assessment

You can ask your local authority to carry out an assessment if you think your child needs an EHC plan.

A young person can request an assessment themselves if they’re aged 16 to 25.

A request can also be made by anyone else who thinks an assessment may be necessary, including doctors, health visitors, teachers, parents and family friends.

If they (The college and your local authority) decide to carry out an assessment you may be asked for:

any reports from your child’s school, nursery or childminder

doctors’ assessments of your child

a letter from you about your child’s (your child) needs

The local authority (The college and your local authority) will tell you within 16 weeks whether an EHC plan is going to be made for your child (your child’s).

Creating an EHC plan

Your local authority will create a draft EHC plan and send you a copy.

You have 15 days to comment, including if you want to ask that your child goes to a specialist needs school or specialist college.

Your local authority has 20 weeks from the date they (your local authority) receive the request for the assessment to give you the final EHC plan.

Disagreeing with a decision

You can challenge your local authority about:

their (your local authority) decision to not carry out an assessment

their (your local authority) decision to not create an EHC plan

the special educational support in the EHC plan (an EHC plan)

the school named in the EHC plan (an EHC plan)

If you cannot resolve the problem with your local authority, you can appeal to the Special Educational Needs and Disability (SEND) Tribunal.

Personal budgets

You may be able to get a personal budget for your child if they have an EHC plan or have been told that they need one.

It (Personal budgets) allows you to have a say in how to spend the money on support for your child.

There are 3 ways you can use your personal budget. You can have:

direct payments made into your account - you buy and manage services yourself

an arrangement with your local authority or school where they hold the money for you but you still decide how to spend it (sometimes called ‘notional arrangements’)

third-party arrangements - you choose someone else to manage the money for you

You can have a combination of all 3 options.

Independent support for children of all ages

Independent supporters can help you and your child through the new SEN assessment process, including:

replacing a statement of special educational needs with a new EHC plan

moving a child from a learning difficulty assessment (LDA) to an EHC plan

You can find out how to get local support through:

Council for Disabled Children

Information, Advice and Support Service Network

your local authority website and search for ‘Local Offer’

If your child got support before September 2014

Your child will move to an education, health and care (EHC) plan. This will normally happen at a planned review, or when your child moves school. Your council will tell you which.

Your child will already be getting SEN support if they used to get help through:

School Action or School Action Plus

Early Years Action or Early Years Action Plus

Support after your child leaves school

If your child has a statement of special educational needs, they’ll have a ‘transition plan’ drawn up in Year 9. This helps to plan for their future after they leave school.

They (your child)’ll continue to get support during further education. Your child can also ask for an EHC assessment if they need more help than the school or college can provide.

Help and advice

You can call the Contact a Family helpline for help and advice.

You can also get help from Independent Parental Special Education Advice (IPSEA).


School discipline and exclusions

Discipline

School behaviour policy

Every school has a behaviour policy, which lists the rules of conduct for pupils before and after school as well as during the school day.

The policy should also say what the school (Every school) does to prevent bullying.

You can ask the school (Every school) for a copy of the policy document.

Punishments

Schools can punish pupils if they behave badly.

Examples of punishments (sometimes called ‘sanctions’) include:

a telling-off

a letter home

removal from a class or group

confiscating something inappropriate for school , eg mobile phone or MP3 player

detention

Detention

Schools don’t have to give parents notice of after-school detentions or tell them why a detention has been given.

Physical contact

School staff can use reasonable force to control and restrain pupils. This could include leading a pupil by the arm into a classroom.

Complaining about a punishment

If you disagree with the way your child’s been punished, first talk to the headteacher. If you’re not satisfied, ask for a copy of the complaints procedure.

Exclusions

Headteachers can exclude your child if they (pupils) misbehave in or outside school.

What happens when your child is excluded

Your child’s (your child) school will let you know about an exclusion as soon as possible. They’ll follow up with a letter telling you how long your child is excluded for and why.

You should also be told how to challenge the exclusion (an exclusion), if you want to.

Exclusions can start on the same day but the school (Your child’s (your child) school) shouldn’t make you collect your child straight away.

Risk of prosecution if child is found in public place

For the first 5 school days of an exclusion, it’s your responsibility to make sure your child isn’t in a public place during normal school hours unless there is a good reason.

You might be prosecuted if your child is found in a public place when they’re not supposed to be.

Child Law Advice has more information on what happens when a child is excluded.

Types of exclusion

There are 2 kinds of exclusion - fixed period (suspended) and permanent (expelled).

Fixed period exclusion

A fixed period exclusion is where your child is temporarily removed from school. They can only be removed for up to 45 school days in one school year, even if they’ve changed school.

If a child has been excluded for a fixed period, schools should set and mark work for the first 5 school days.

If the exclusion is longer than 5 school days, the school must arrange suitable full-time education from the sixth school day, eg at a pupil referral unit.

Permanent exclusion

Permanent exclusion means your child is expelled. Your local council must arrange full-time education from the sixth school day.

Alternative education and exclusion

The school or local council must tell you about any alternative education they arrange. It’s your responsibility to make sure your child attends.

Making a complaint

If alternative education isn’t arranged within 5 days, or you’re not happy with the education, you can complain to:

the school, for fixed period exclusions

the local council (Your local council), for permanent exclusions

If you’re not happy with the response, you can complain to the Department for Education (DfE).

You’ll need to show that you followed the school or council’s complaints procedure.

Challenging exclusion

You’ll get a letter from the school telling you what to do if you disagree with the exclusion.

You can ask the school’s (the school) governing body to overturn the exclusion if either:

your child has been excluded for more than 5 days

the exclusion means they (your child)’ll miss a public exam or national curriculum test

If the exclusion is for 5 days or fewer, you can still ask the governors (the school’s (the school) governing body) to hear your views but they (the school’s (the school) governing body) can’t overturn the headteacher’s decision.

Challenging permanent exclusion

You’ll be invited to a review meeting with the school’s (the school) governors (the school’s (the school) governing body) if your child has been permanently excluded. This will happen within 15 school days.

If the governors (the school’s (the school) governing body) don’t overturn the exclusion, you can ask for an independent review by your local council (or academy trust if the school’s an academy). The governors (the school’s (the school) governing body) must tell you how to do this.

If your child is still excluded you can ask the Local Government Ombudsman (or the Education Funding Agency if the school’s an academy or free school) to look at whether your case was handled properly. They can’t overturn the exclusion.

Discrimination and other complaints

You can make a claim to a court or a tribunal if you think your child’s been discriminated against. You need to do this within 6 months of the exclusion.

Contact the Equality Advisory Support Service for help and advice.

For more general complaints (eg if you don’t want to challenge the exclusion but you’re not happy with the way the school handled it (the exclusion)), follow the normal school complaints process.

Searches

Searches without your child’s consent

The school doesn’t need your child’s consent to search them if they think your child (your child’s) has prohibited items, including:

weapons, eg knives

alcohol

illegal drugs

stolen goods

tobacco products, eg cigarettes

pornographic images (of any kind, eg tabloid topless pictures and ‘lads’ mags’ as well as extreme adult material)

fireworks

anything that has been, or is likely to be, used to cause injury or commit an offence

anything banned in the school rules

These things can be confiscated.

Legal requirements of a search

There should normally be 2 members of staff present during the search (a search) - the person doing the search (a search) and the search witness. Searches should normally be done by someone the same sex as your child.

The search witness must also be the same sex as your child (your child’s) if possible. Your child must not be asked to remove clothes, other than outer clothing like a coat.

If there’s a risk of serious harm to a person if the search is not conducted immediately, a child may be searched by a person of the opposite sex and without another member of staff present.

Metal detectors

Schools can make pupils go through a metal detector - they don’t have to suspect that your child (your child’s) has a weapon. If your child refuses to go through the metal detector, they can be stopped from coming into school.

Complaining about a search

If you’re unhappy with a search on your child at school, talk to the headteacher. If you’re not satisfied, ask for a copy of the complaints procedure.


Become a magistrate

What magistrates do

Magistrates are volunteers who hear cases in courts in their community. They can hear cases in the criminal court, the family court, or both.

Each case is usually heard by 3 magistrates, including a magistrate who is trained to act as a chairperson.

A legal adviser in the court gives advice on the law and makes sure the magistrates (3 magistrates) follow the right procedures.

Criminal cases

All criminal cases begin in a magistrates’ court.

Magistrates pass the most serious crimes (for example murder, rape and robbery) to the Crown Court. Magistrates decide if the defendant should be:

kept in custody - for example in a police or court cell

let out on strict conditions - for example to keep away from named places or people

Magistrates deal with crimes like:

minor assaults

motoring offences

theft

handling stolen goods

TV licence evasion

Magistrates can give punishments such as:

fines

unpaid work in the community

prison for up to 6 months (or up to 12 months for more than 1 crime)

Family cases

Magistrates can also hear cases at a family court.

These magistrates (Family cases) deal with cases about children. They (Family cases) can:

arrange for a child to be taken into care or put up for adoption

help separated parents make arrangements for their children

enforce child maintenance orders

make court orders to prevent domestic abuse

These magistrates (Family cases) can get advice from the child’s guardian or a family court adviser during the case.

Who can be a magistrate

You need to give up some of your spare time and not everyone can serve as a magistrate.

Qualifications

You do not need formal qualifications or legal training to become a magistrate.

You will get full training for the role, and a legal adviser in court will help you with questions about the law.

Age

You have to be over 18 and under 65.

Magistrates must retire at 70 and are normally expected to serve for at least 5 years.

Health

You need to be able to hear clearly, with or without a hearing aid, to listen to a case.

You also need to be able to sit and concentrate for long periods of time.

Personal qualities

You need to show you’ve got the right personal qualities, for example that you are:

aware of social issues

mature, understand people and have a sense of fairness

reliable and committed to serving the community

You also need to be able to:

understand documents, follow evidence and communicate effectively

think logically, weigh up arguments and reach a fair decision

Good character

It’s unlikely you’ll be taken on if you have been:

found guilty of a serious crime

found guilty of a number of minor offences

banned from driving in the past 5 to 10 years

declared bankrupt

Conflicts of interest

You cannot be a magistrate if you work in one of a small number of jobs where there could be a conflict of interest - for instance if you are a police officer.

Time off for magistrate duties

You will need to be in court for at least 13 days a year, which are usually full days.

Discuss with your employer how you will balance your work and magistrate duties.

Your employer must, by law, allow you reasonable time off work to serve as a magistrate.

You will get your rota well in advance, so you can give your employer plenty of notice of when you’ll be in court.

Pay and allowances

Magistrates are not paid, but many employers allow their employees time off with pay.

If you lose out on pay, you can claim an allowance at a set rate, as well as allowances for travel and subsistence.

Find out more about magistrates’ allowances.

Training to be a magistrate

You will need training to be a magistrate.

The training when you start will add up to about 21 hours, or 3 and a half days, as well as some meetings.

The training (The training when you start) could take place over:

a long weekend

weekdays

short evening sessions over several weeks

Apply to be a magistrate

Visit your local court

You should visit your local court at least once, and a few times if you can, to check the role is right for you.

As family cases are heard in private, you will not be able to visit a family court before you apply.

Use the court finder to find your nearest court.

The court can let you know when it’s best to visit and which courtrooms to go and see.

If you are invited to an interview, you will be asked to talk about your visits.

Find out where to apply

You need to apply to the advisory committee for your local court.

Check the list of advisory committees to find out if there are any vacancies in your area, and where you need to apply.

Application form

You can download the application form (Application form) and guidance notes and email or post it to the advisory committee for your area (the advisory committee for your local court).

Recruitment queries

Contact your local advisory committee if you have a question about applying to become a magistrate.

You can also contact the Magistrates HR Team.


Running a community amateur sports club (CASC)

Overview

As a community amateur sports club (CASC) you must tell HM Revenue and Customs (HMRC) about:

any tax you need to pay

changes within your organisation

The rules for CASCs changed on 1 April 2015. Check whether you need to make changes to meet the new rules.

When you need to pay tax

You don’t pay tax on some income as long as you:

are registered as a CASC with HMRC (HM Revenue and Customs (HMRC))

use it (a CASC) to promote participation in and provide facilities for eligible sports

You may need to pay tax if:

your club uses money for other (non-qualifying) purposes

your trading or property rental income is more than the threshold for relief

Register for VAT

Your CASC must register for VAT if your taxable turnover is more than £85,000.

You can choose to register if it (your taxable turnover)’s below this, for example to reclaim VAT on business supplies.

Taxable turnover includes everything you sell that’s not exempt from VAT. Income from sporting activities and fundraising events is exempt.

Changes to your CASC

You must report changes to your club’s:

contact details

bank details

management

You can close a CASC but can’t remove it from the register (this is called ‘deregistration’).

If you change the way you run your CASC you must still meet the rules on eligibility. If you don’t, HM Revenue and Customs (HMRC) can cancel your registration.

Get help and advice

You can get help and advice on CASCs and charities from HMRC’s (HM Revenue and Customs (HMRC)) charities helpline.

Advice and support is also available from cascinfo.co.uk.

Paying tax

Community amateur sports clubs (CASCs) need to pay Corporation Tax on any income or capital gains that don’t qualify for tax relief.

If your CASC needs to pay tax you must:

file a Company Tax Return

include form CT600E if you’re claiming relief on any income or gains

If you have no tax to pay you only need to complete a tax return if HM Revenue and Customs (HMRC) asks you to.

Limited companies must also send annual accounts to Companies House.

You may have to pay a fine if you don’t complete a tax return when you need to or you file your tax return late.

Reporting changes

Use form ChV1 to report changes to your community amateur sports club (CASC).

Allow at least 30 days for HMRC (HM Revenue and Customs (HMRC)) to register your changes.

Changes you have to report

You must tell HM Revenue and Customs (HMRC) about changes to your:

organisation’s contact details

authorised officials or responsible persons

nominees’ details, including their bank or building society account changes

bank or building society account details

You can also use the form to tell HMRC (HM Revenue and Customs (HMRC)) about any other changes, for example changes to your constitution.

You must report any changes that would affect your club’s eligibility to be a CASC.

Closing or deregistering a CASC

Only HM Revenue and Customs (HMRC) (HM Revenue and Customs (HMRC)) can deregister your CASC.

If your club’s members vote and agree to close your CASC, you must:

let HMRC (HM Revenue and Customs (HMRC)) know

follow the rules in your governing document

HMRC (HM Revenue and Customs (HMRC)) will tell you if you have to complete a Company Tax Return.

Disposing of assets

There are rules about what you do with your assets (for example, land or money) when you close a CASC.

Any remaining assets must only be used for:

related community sport (as decided by your sport’s governing body)

another registered CASC

a charity

Your CASC would otherwise have to pay Corporation Tax.

If your club is removed from the register

HMRC (HM Revenue and Customs (HMRC)) can cancel your CASC registration by writing to the club secretary if it (HM Revenue and Customs (HMRC)) decides your club is no longer eligible. This can be backdated.

If HMRC (HM Revenue and Customs (HMRC)) deregisters your CASC you:

will no longer get tax exemptions as of the deregistration date

may have to pay Corporation Tax on any assets taken out of the club (your CASC)


Volunteer as a coastguard

What the Coastguard Rescue Service does

The Coastguard Rescue Service is made up of volunteers and is part of HM Coastguard.

As a coastguard (HM Coastguard) rescue officer you may have to:

help rescue people trapped on the coast, for example on cliffs, stuck in mud or in the water

search for missing people

report and deal with pollution and other hazards

help emergency services and local authorities during emergencies, for example flooding

gather information for the coastguard (HM Coastguard) operations centre

go to schools, clubs and other public places to tell people about staying safe at sea and along the coast

carry out duties for the Receiver of Wreck, for example dealing with wreckage or dead whales and dolphins on the shoreline

What to expect as a volunteer

As a coastguard (HM Coastguard) rescue officer you:

could be called out at any time of the day or night

may have to work in hazardous situations for long hours

may have to carry out physically demanding tasks, for example carrying heavy equipment to rescue sites

As a volunteer you will not be paid. You can claim a small amount for your time and expenses.

Volunteering and working

You can have a full time job and still be a coastguard (HM Coastguard) rescue officer.

You must ask your employer if you can respond to emergencies during work hours before you become a volunteer.

You can still go on holiday - just let your coastguard (HM Coastguard) manager know when you’re going to be away.

Training and equipment

You must pass initial training by HM Coastguard, followed by regular training to keep your skills up to date.

This (Training and equipment) will include training in:

first aid

water rescue

map work

search techniques

communications

skills you need for your local area, for example rope rescue, mud rescue

Training is often held in the evenings or at weekends.

You’ll be given all the equipment and protective clothing that you need.

Who can apply

All of the following must apply:

you’re aged 18 or over

you have a full driving licence

you live or work within 30 minutes of the rescue station - check the map to find your nearest station

Your local station may have further requirements, for example you may need to live closer to the station.

Health and fitness

You need to be reasonably fit and generally in good health. You must also:

weigh 120kg or less

have a waist measurement of 110cm or less

You must take a health and fitness test, and meet eyesight and hearing requirements.

If you have type 1 diabetes there will be restrictions on what activities you can do. Contact crsenquiries@mcga.gov.uk to find out if you can apply.

How to apply

Contact your local area management team to find out if there are any volunteering opportunities.

To do this (Contact), you need to find which team is responsible for your area.

Check the map of coastguard (HM Coastguard) stations in the UK. If you cannot access the map, contact crsenquiries@mcga.gov.uk.

Find the coastguard (HM Coastguard) station you want to volunteer at on the map (the map of coastguard (HM Coastguard) stations in the UK).

Check which area the station is in, for example ‘Area 1’.

Email the relevant area - you can find the contact details in the table. Use the subject line ‘coastguard (HM Coastguard) rescue service enrolment’. Do not send your CV or any other attachments.

Area contact details

Find the email address for your local area.

Coastguard area | Email address |

1 | area1@mcga.gov.uk |

2 | area2@mcga.gov.uk |

3 | area3@mcga.gov.uk |

4 | area4@mcga.gov.uk |

5 | area5@mcga.gov.uk |

6 | area6@mcga.gov.uk |

7 | area7@mcga.gov.uk |

8 | area8@mcga.gov.uk |

9 | area9@mcga.gov.uk |

10 | area10@mcga.gov.uk |

11 | area11@mcga.gov.uk |

12 | area12@mcga.gov.uk |

13 | area13@mcga.gov.uk |

14 | area14@mcga.gov.uk |

15 | area15@mcga.gov.uk |

16 | area16@mcga.gov.uk |

17 | area17@mcga.gov.uk |

18 | area18@mcga.gov.uk |


Avoid and report internet scams and phishing

Report internet scams and phishing

Report misleading websites, emails, phone numbers, phone calls or text messages you think may be suspicious.

Do not give out private information (such as bank details or passwords), reply to text messages, download attachments or click on any links in emails if you’re not sure they’re genuine.

Suspicious emails

Forward the email (Suspicious emails) to report@phishing.gov.uk.

The National Cyber Security Centre (NCSC) will investigate it (Suspicious emails).

Text messages

Forward the text message to 7726 - it’s free.

This (7726) will report the message (the text message) to your mobile phone provider.

Adverts

Report scam or misleading adverts to the Advertising Standards Authority. You can report adverts found online, including in search engines, websites or on social media.

You can also report scam or misleading adverts to Google if you found them in Google search results, or report to Bing if you found them in Bing search results.

If you think you’ve been a victim of an online scam or fraud

Contact Action Fraud if you think you’ve lost money or been hacked because of an online scam or fraud. You can:

report online - either sign up for an account or continue as a ‘guest’

call 0300 123 2040

If you’re in Scotland and you think you’ve been the victim of an online scam or fraud, report the crime to Police Scotland.

Avoid misleading government websites, emails and phone numbers

Some websites, emails or phone numbers look like they’re part of an official government service when they’re not, or claim to help more than they actually do. Some make you pay for things that would be free or cheaper if you use the official government service.

Search on GOV.UK to find official government services and phone numbers, for example if you want to apply to the DVLA for a driving licence.

Report HMRC phishing emails, texts and phone call scams

You can report something suspicious to HM Revenue and Customs’s (HMRC) phishing team, for example:

a text message (forward it to 60599 - you’ll be charged at your network rate)

an email (forward it to phishing@hmrc.gov.uk)

a message in an application, for example WhatsApp - take a screenshot and forward as an email

phone calls asking for personal information or threatening a lawsuit (report a phone call)

Your email address and phone number will be shared with other organisations if that’s necessary to close down the scam.

If you’ve given your personal details to someone

Contact the HMRC security team if you think you’ve given any personal information in reply to a suspicious email or text.

Include brief details of what you disclosed (for example name, address, HMRC User ID, password) but do not give your personal details in the email (a suspicious email or text).

Spotting HMRC scams

You’ll never get an email, text message, message in an application (for example WhatsApp) or a phone call from HMRC which:

tells you about a tax rebate or penalty

asks for your personal or payment information

Check HMRC’s (HMRC) guidance on recognising scams if you’re not sure.

Report visa and immigration scams

You’ll never be asked to pay for a visa using:

cash

money transfer

Contact Action Fraud to report visa and immigration scams. You should include:

a copy of the suspicious email you received, the sender’s email address and the date and time it was received

details of what you sent in a reply, if you replied - for example whether you sent your bank details, address or password

You can also report suspicious emails, letters or telephone calls to the police through Action Fraud.


Types of election, referendums, and who can vote

General election

General elections (elections to the UK Parliament) usually take place every 5 years.

To vote in a general election you must:

be registered to vote

be a British, Irish or qualifying Commonwealth citizen

be resident at an address in the UK (or a British citizen living abroad who has been registered to vote in the UK in the last 15 years)

not be legally excluded from voting

There are 650 Members of Parliament (MPs) in the UK Parliament.

MPs are elected using the First Past the Post system. You vote once for a candidate in your constituency and the candidate with the most votes becomes your MP.

You can find your local MP.

Read more about general elections on The Electoral Commission website.

Local government

Local government elections take place at least every 4 years. Not all local government elections take place at the same time.

Your local government will do one of the following:

elect all the local councillors every 4 years

elect half the local councillors every 2 years

elect one third of the local councillors every year for 3 years and hold no elections in the 4th year

To vote in a local government election you must:

be registered to vote

be 18 or over on the day of the election (‘polling day’) (16 or over in Scotland)

be registered at an address in the area you want to vote in

not be legally excluded from voting

You must also be one of the following:

a British citizen

an Irish or EU citizen

a qualifying Commonwealth citizen

a citizen of another country living in Scotland or Wales who has permission to enter or stay in the UK, or who does not need permission

Local government councillors in England and Wales are elected using the First Past the Post system. You vote for one candidate in your local area and the candidate with the most votes wins.

In Scotland and Northern Ireland, councillors are elected using the Single Transferable Vote system. You rank the candidates in order of preference.

When you can vote in more than one local election

If you live in 2 different local authority areas (for example because you’re a student), you may be able to vote in both areas.

You must register to vote in both areas (2 different local authority areas). The local Electoral Registration Offices will check each application and tell you if you can register in both areas (2 different local authority areas).

Read more about local government elections on The Electoral Commission website.

Scottish Parliament

There are 129 Members of the Scottish Parliament (MSPs).

To vote in Scottish Parliament elections you must:

be registered to vote at an address in Scotland

be 16 or over on the day of the election (‘polling day’)

not be legally excluded from voting

You must also be one of the following:

a British citizen

an Irish citizen

a citizen of another country living in Scotland who has permission to enter or stay in the UK, or who does not need permission

MSPs are elected using the Additional Member system. You vote once for your constituency MSP and once for an MSP to represent the wider region.

Read more about the Scottish Parliament elections on The Electoral Commission website.

Northern Ireland Assembly

There are 90 Members of the Legislative Assembly (MLAs) in the Northern Ireland Assembly (Northern Ireland Assembly).

To vote in Northern Ireland Assembly elections you must:

be registered to vote

be a British, Irish, qualifying Commonwealth or EU citizen

not be legally excluded from voting

MLAs are elected by the Single Transferable Vote system.

Read more about the Northern Ireland Assembly elections (the Scottish Parliament elections) on The Electoral Commission website.

Welsh Parliament

There are 60 Members of the Senedd Cymru: Welsh Parliament (MSs).

To vote in Welsh Parliament elections you must:

be registered to vote

live in Wales

not be legally excluded from voting

MSs are elected using the Additional Member system. You vote once for your constituency MS and once for an MS to represent the wider region.

Read more about the Welsh Parliament (Welsh Parliament) on The Electoral Commission website.

Local mayors, Mayor of London and London Assembly

Elected local mayors

In some areas of England voters elect a mayor.

Check if your mayor is elected on your local council website.

Mayors are elected using the Supplementary Vote system. You make a first and second choice when you vote.

If no candidate gets more than 50% of the first choice votes, all except the top 2 candidates are eliminated. If your first choice candidate is eliminated, and your second choice is for one of the top 2, then your second choice is counted.

To vote for a local mayor, you must be eligible to vote in local elections.

Mayor of London and London Assembly

The Mayor of London makes decisions on behalf of the people of London. The 25 London Assembly Members make sure the Mayor’s decisions are in the interests of the public.

To vote in the London Mayor and London Assembly elections (Mayor of London and London Assembly) you must:

be registered to vote

be resident at an address in Greater London

not be legally excluded from voting

The Mayor of London is elected using the Supplementary Vote system. You make a first and second choice when you vote.

If no candidate gets more than 50% of the first choice votes, all except the top 2 candidates are eliminated. If your first choice candidate is eliminated, and your second choice is for one of the top 2, your second choice is counted.

London Assembly members (The 25 London Assembly Members) are elected using the Additional Member system. You vote once for your constituency member and once for a London-wide representative.

There are 14 constituency members and 11 London-wide members.

Read more about the Mayor of London and London Assembly elections (Mayor of London and London Assembly) on The Electoral Commission website.

Police and Crime Commissioner

There are 41 Police and Crime Commissioners (PCCs) in England and Wales who are elected to make sure the police are run properly. There is no elected PCC for London.

To vote in a PCC election you must:

be registered to vote

be resident at an address in England or Wales (England and Wales) (excluding London)

not be legally excluded from voting

PCCs are elected using the Supplementary Vote system. You make a first and second choice when you vote.

Read more about Police and Crime Commissioner elections on The Electoral Commission website.

Referendums

A referendum is a vote on a single issue.

Each referendum has different rules on who can vote in it (A referendum).

To vote in a referendum you must:

be registered to vote

be 18 or over on the day of the referendum (‘polling day’)

be a British, Irish or Commonwealth citizen

be resident at an address in the UK (England) or Gibraltar (or a British citizen living abroad who has been registered to vote in the UK (England) in the last 15 years)

not be legally excluded from voting

You make one choice between 2 options. Votes are counted for the whole of the UK (England) (England), not by constituency.


Appeal against a visa or immigration decision

Overview

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:

refuse your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)

revoke your protection status

refuse your human rights claim

refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016

revoke your British citizenship

refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme

refuse or revoke your travel permit or family permit under the EU Settlement Scheme or restrict your rights to enter or leave the UK under those permits

refuse or revoke your permit, or deport you if you’re a frontier worker

refuse or revoke your leave, or deport you if you’re an S2 healthcare visitor

The tribunal is independent of government. A judge will listen to both sides of the argument before making a decision.

If you do not have the right to appeal, you might be able to ask the Home Office for an administrative review.

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

If you’re appealing for yourself without a solicitor or immigration adviser

Find out how to appeal from:

within the UK

outside the UK

There’s a different way to appeal if you made your application before 6 April 2015.

Help you can get

You can get help and advice from a solicitor or an immigration adviser.

You can also contact Citizens Advice.

Read the guide on representing yourself if you’re not going to have a legal representative.

You may be able to get asylum support (such as housing and money) if you’ve been refused asylum.

Contact the tribunal if you have any questions about your appeal. The tribunal cannot give you legal advice.

Urgent appeal applications

You need to write to the tribunal with:

the reason why your case should be heard urgently

evidence of compelling or compassionate grounds, for example letters from a doctor or hospital

You should write ‘expedite requests’ on the top of any documents you send with your application (your appeal).

A judge will review your evidence and decide whether your application (your appeal) should be heard sooner than usual.

Your application (your appeal) will only be reviewed if you’ve paid your tribunal fee (if you need to pay one).

Where to send your application (your appeal)

Send your reasons for the urgent appeal and evidence to the tribunal.

Contact the tribunal to check if your application (your appeal) has been received.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

You can apply again for the EU Settlement Scheme (EU Settlement Scheme), Frontier Worker permit or S2 Healthcare Visitor visa for free if you have new evidence to submit.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme (EU Settlement Scheme)

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Appeal from within the UK

You can only appeal to the tribunal if you have the legal right to appeal - you’ll usually be told if you do in your decision letter.

Talk to a solicitor or an immigration adviser if you’re not sure.

Read the guide on representing yourself if you’re not going to have a legal representative.

Your decision letter will usually tell you if you can apply for an administrative review if you do not have the right to appeal.

The administrative review process is different if you applied for the EU Settlement Scheme (EU Settlement Scheme), a Frontier Worker permit, or an S2 Healthcare Visitor visa.

How to appeal

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme (EU Settlement Scheme).

If you’re appealing for yourself without a solicitor or immigration adviser

You have 14 days to appeal from the date the decision was sent.

If you apply after the deadline, you must explain why - the tribunal will decide if it (The tribunal) can still hear your appeal.

You can appeal later if your administrative review was unsuccessful for a EU Settlement Scheme, frontier worker or S2 healthcare visitor application. Your administrative review decision will tell you how to appeal.

Apply online if you can - online appeals are quicker than post or fax appeals.

What you’re appealing | How you can appeal

A decision to refuse your human rights claim or protection claim while you’re in the UK | Online or by post or fax with form IAFT-5

A decision to revoke your protection status | Online or by post or fax with form IAFT-5

A decision to refuse you a residence document or deport you, under the Immigration (European Economic Area) Regulations 2016 | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme (EU Settlement Scheme) | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your family permit or travel permit under the EU Settlement Scheme (EU Settlement Scheme) | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your permit, or deport you if you’re a frontier worker | Online or by post or fax with form IAFT-5

A decision to refuse or revoke your leave, or deport you if you’re on a S2 Healthcare Visitor visa | Online or by post or fax with form IAFT-5

A decision where you’ve been detained in an Immigration detention centre and your decision letter was sent by the Home Office | By post or fax with form IAFT-DIA

A decision where you’ve been detained in prison and your decision letter was sent by the Home Office. | Online or by post or fax with form IAFT-5

A decision to remove your British citizenship | Online or by post or fax with form IAFT-5

Certain decisions about applications submitted before 6 April 2015 | Online or by post or fax with the relevant form

If you’re appealing by post or fax, download and fill in the relevant form. Send or fax it (the relevant form) with copies of the documents that support your appeal to the address on the form (the relevant form).

Ask for an oral hearing

You can ask on your appeal form for a decision to be made either:

just on the information in your appeal form and any documents supplied to the tribunal

at a hearing that you and your representative can attend

The tribunal can decide to have a hearing even if you do not ask for one. You’ll be told if this is the case and invited to attend.

If the tribunal does not hold a hearing, a judge will decide your case (the case) based on your appeal form and the documents.

Hearings are carried out in public. You can ask for it to be held in private or to attend by video link, but you must have a reason, for example a public hearing would put you in danger.

You can ask for a male or female judge if you think there are issues in your appeal that make it appropriate. The tribunal will decide if it (the tribunal) can do this.

Special requirements

Contact the Customer Enquiry Unit before your hearing if you need any special help, for example you need wheelchair access.

Fees

It costs:

£80 without a hearing

£140 with a hearing

You may not have to pay if you:

get asylum support

get legal aid

get services from your local council and you’re under 18

You can also get help with court fees if any of the following apply:

you have little or no savings

you’re on certain benefits

you have a low income

Read the tribunal fees guidance for more information.

Contact the tribunal if you’re unsure if you have to pay a fee.

How to pay

You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form.

If you’ve already made your appeal you can also pay your fee online.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

If you have new evidence to submit, you can:

apply for the EU Settlement Scheme (EU Settlement Scheme)

apply for a Frontier Worker permit

apply for a S2 Healthcare Visitor visa

It’s free to apply.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme (EU Settlement Scheme)

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Appeal from outside the UK

If you’ve been refused a tier 1, 2, 4 or 5 visa you will be able to ask for the decision to be reviewed at an administrative review - your refusal letter will usually tell you if you can.

Talk to a solicitor or an immigration adviser if you’re unsure whether you can appeal.

Read the guide on representing yourself if you’re not going to have a legal representative.

How to appeal

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

If you’re appealing for yourself without a solicitor or immigration adviser

You have 28 days to appeal after you get your decision. If you have to leave the country before you’re allowed to appeal, you have 28 days to appeal once you’ve left the country.

If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.

Apply online if you can - online appeals are quicker than post or fax appeals.

What you’re appealing | How you can appeal

A decision to refuse a human rights claim for entry clearance | Online or by post or fax with form IAFT-6

A decision to refuse a human rights claim or protection claim (where you can only apply after you’ve left the country) | Online or by post or fax with form IAFT-7

A decision to refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme (EU Settlement Scheme) | Online or by post or fax with form IAFT-6

A decision to refuse or revoke your family permit or travel permit under the EU Settlement Scheme (EU Settlement Scheme) | Online or by post or fax with form IAFT-6

A decision to refuse or revoke your permit, or deport you if you’re a frontier worker | Online or by post or fax with form IAFT-5

Certain decisions about applications submitted before 6 April 2015 | Online or by post or fax with the relevant form

Ask for an oral hearing

You can ask on your appeal form for a decision to be made either:

just on the information in your appeal form and any documents supplied to the tribunal

at a hearing that your representatives can attend

The tribunal can decide to have a hearing even if you do not ask for one. You’ll be told if this is the case.

If the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and documents.

Special requirements

Contact the Customer Enquiry Unit before your hearing if any special help is needed, for example someone attending on your behalf needs wheelchair access.

Fees

It costs:

£80 without a hearing

£140 with a hearing

You may not have to pay if you get legal aid.

Read the tribunal fees guidance for more information.

Contact the tribunal if you’re not sure if you have to pay a fee.

How to pay

If you’ve already made your appeal you can also pay your fee online.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

If you have new evidence to submit, you can:

apply for the EU Settlement Scheme (EU Settlement Scheme)

apply for a Frontier Worker permit

apply for a S2 Healthcare Visitor visa

It’s free to apply.

You can only appeal a decision if you made your application after:

11pm on 31 January 2020, for the EU Settlement Scheme (EU Settlement Scheme)

10 December 2020, for a Frontier Worker permit

11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Applications made before 6 April 2015

You might be able to appeal against a decision made by the Home Office if you submitted your application before 6 April 2015 and it was refused.

Tier 1, 2 or 5 migrants and family members

You can make an appeal if you applied for leave to remain as a Tier 1, 2 or 5 migrant or family member before 2 March 2015 and your application was refused on or after 6 April 2015.

You can only do this if your application being refused means you do not have permission (‘leave’) to enter or remain in the UK.

Appeal online or by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

Tier 4 migrants and family members

You can make an appeal if you applied for permission to remain as a Tier 4 migrant or family member before 20 October 2014 and your application was refused on or after 6 April 2015.

Appeal online or by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

Other decisions

You can appeal against certain other Home Office (the Home Office) decisions if you applied before 6 April 2015 and your application was refused on or after the same date (6 April 2015).

You can only do this (appeal) if the Home Office’s (the Home Office) decision did not include refusing an asylum or human rights claim.

Leave to enter

You can appeal online if your application for leave to enter was refused.

You can also appeal by post or fax with:

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

Vary your leave to enter or remain

You can appeal online if your application to change (‘vary’) the length and conditions of your stay in the UK was refused. You can only do this if your application being refused means you do not have permission (‘leave’) to enter or remain in the UK.

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

Entry clearance

You can appeal online if your application for entry clearance was refused.

You can also appeal by post or fax with form IAFT-2.

Certificate of entitlement

You can appeal online if your application for a certificate of entitlement to prove you have a right of abode in the UK was refused.

form IAFT-1 if you’re in the UK

form IAFT-3 if you’ve left the UK

If there's a hearing

You’ll get a letter or email with details of how to attend your hearing (a hearing). You may be asked to attend in person at a tribunal building, or asked to attend remotely by a video link or by phone.

If you’ll be attending remotely, the letter or email will tell you how to prepare for this.

You can check the daily courts lists on the day of your hearing (a hearing) to find out if anything has changed.

If you cannot attend yourself you can ask someone to represent you and ask witnesses to attend.

You may have to give evidence at the hearing (a hearing) and answer questions.

You may need to take part in a ‘pre-hearing’, where the tribunal will check that you’re ready for a full hearing.

The hearing (a hearing) will normally be attended by:

a judge, sometimes with other tribunal members

a clerk and other tribunal staff, to help run the hearing

your representative, if you have one

a Home Office ‘presenting officer’, who will argue the case for the Home Office

any witnesses called to give evidence

an interpreter, if you’ve asked for one

It (a hearing) can also normally be attended by:

your sponsor, if you have one

members of the public

the press or media

If your appeal cannot be resolved at the hearing (a hearing)

If your appeal is not held on its (your appeal) scheduled day for any reason (for example there is not a judge available) it (your appeal)’ll be rescheduled for another day.

Your hearing may also be adjourned as ‘part heard’ if there is not enough time to finish it (your appeal), or it (your appeal) cannot be resolved on the day. The tribunal will arrange another hearing with the same people present.

Get a decision

You’ll be given a decision in person or by post.

The tribunal will either decide to:

allow your appeal - this (decide) does not automatically mean you’ll be able to enter or stay in the country and may simply mean the Home Office (Home Office) has to reconsider its (Home Office) decision

dismiss your appeal and uphold the Home Office’s (Home Office) original decision (its (Home Office) decision)

You’ll usually get a copy of the tribunal’s (the tribunal) decision (a decision) within 4 weeks of the hearing (a hearing).

Both you and the Home Office (Home Office) can appeal the decision of the tribunal (a decision).

The tribunal can order either you or the Home Office (Both you and the Home Office (Home Office)) (Home Office) to pay the other’s costs if either of you has acted unreasonably.

If you win your appeal

The Home Office (Home Office) will change (‘revise’) its (Home Office) decision (a decision) if you win your appeal. The Home Office (Home Office) may reconsider your entire application if your circumstances have changed since you first made your appeal.

The judge may order the Home Office (Home Office) to pay you a ‘fee award’ if you win your appeal, up to the amount you paid for your tribunal fee.

Email the Home Office (Home Office) if you do not get your fee award (a ‘fee award’) after 60 days.

Include the following information:

your Home Office reference number

your appeal reference number

the date of the tribunal decision letter

If you lose your appeal

You can ask for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber) if you lose your case and you think there’s a legal mistake with the tribunal’s (the tribunal) decision (a decision).

For example, you think the tribunal:

got the law wrong

do not apply the correct law

do not follow the correct procedures, which affected the decision

had no evidence to support its (the tribunal) decision

Legislation and previous decisions

Read the rules the tribunal must follow and the guidance it (the tribunal)’s issued.

All parties must follow the rules and process in the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014.

The tribunal will make a decision based on legislation, including the:

Immigration Act 1971

Nationality, Immigration and Asylum Act 2002

Immigration, Asylum and Nationality Act 2006

Tribunals, Courts and Enforcement Act 2007

UK Borders Act 2007

Borders, Citizenship and Immigration Act 2009

Immigration Rules

Immigration (European Economic Area) Regulations 2016

The tribunal fees are set out in the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011.

The president of the tribunal has issued guidance which provides more detail on certain issues.

There are also older guidance notes for the Asylum and Immigration Tribunal which still apply to the First-tier Tribunal (Immigration and Asylum Chamber).

Check the decisions database to see how previous decisions on appeals have been made by the Immigration and Asylum Chamber (the Upper Tribunal (Immigration and Asylum Chamber)).


Apply or appeal to the Upper Tribunal (Lands Chamber)

Overview

You can appeal to the Upper Tribunal (Lands Chamber) if you think there was a legal problem with a decision made by the:

First-tier Tribunal (Property Chamber)

Residential Property Tribunal in Wales

Leasehold Valuation Tribunal in Wales

Valuation Tribunal in England or Wales

You might need to get permission before you appeal.

You can also apply to the tribunal (the Upper Tribunal (Lands Chamber)) if your case is about:

compensation for the compulsory purchase of land

discharge or modification of land affected by a ‘restrictive covenant’

compensation for the effect on land affected by public works

a tree preservation order

compensation for damage to land damaged by subsidence from mining

the valuation of land or buildings for Capital Gains Tax or Inheritance Tax purposes

a ‘right to light’ dispute

compensation for blighted land

The tribunal (the Upper Tribunal (Lands Chamber)) is independent and will listen to both sides of the argument before making a decision.

Help you can get

A mediation service could be quicker and cheaper than going to the tribunal (the Upper Tribunal (Lands Chamber)). Mediation is when an independent and impartial person discusses a problem with both parties to try to find a solution.

You can contact Citizens Advice or the Leasehold Advisory Service for free legal advice. You can also find a lawyer.

Call or email the tribunal (the Upper Tribunal (Lands Chamber)) if you have any questions about the process. The tribunal (the Upper Tribunal (Lands Chamber)) cannot give you legal advice.

Get permission

You need to get permission before you appeal to the tribunal (the Upper Tribunal (Lands Chamber)) if you’re appealing a decision made by the:

First-tier Tribunal (Property Chamber)

Residential Property Tribunal in Wales

Leasehold Valuation Tribunal in Wales

You can appeal to the tribunal (the Upper Tribunal (Lands Chamber)) without permission if your case is about a decision about rates made by the Valuation Tribunal in England or Wales.

You do not need to get permission to apply to the tribunal (the Upper Tribunal (Lands Chamber)).

How to get permission

Ask the tribunal that originally made the decision for permission to appeal. Follow the steps on your decision letter.

The original tribunal (the tribunal that originally made the decision) must get your request for permission within 28 days of your decision letter. Speak to the original tribunal (the tribunal that originally made the decision) for details.

If you’re refused permission

You can ask the Lands Chamber for permission directly if you’re refused it from the original tribunal (the tribunal that originally made the decision). Follow the steps on your decision letter.

You must do this (ask) within 14 days of being refused permission.

It (ask) costs £220 except for land registration cases where there’s no fee. You may be able to get help paying the fee if you’re getting certain benefits or on a low income.

You can apply for judicial review if you do not get permission from the Lands Chamber. Speak to a solicitor to get help with the application.

How to apply or appeal

Check whether you need permission. You can appeal or apply without permission in some cases.

Fill in the form

The form you fill in (the form) depends on what your case is about. The address is on the form.

You must pay a fee - you can apply for help if you’re getting certain benefits or on a low income.

What your case is about | Form | Fee | Deadline | Guidance

First-tier Tribunal (Property Chamber) decision | Form T601 or Form T602 | £275 - no fee for land registration cases | 1 month of getting permission | Leaflet T605 and T614

Leasehold Valuation Tribunal and Residential Property Tribunal decisions | Form T601 or Form T602 | £275 | 1 month of getting permission | Leaflet T609

Valuation Tribunal in England or Wales decision | Form T385 | £275 | 28 days of the decision | Leaflet T606 and Form T615

Compulsory acquisition of land (and other land compensation) | Form T371 or Form T370 | £275 | Get legal advice - it depends on your case | Leaflet T604 and T616

Restrictive covenant | Form T379 | £880 | Get legal advice | Leaflet T608 and T617

Public works | Form T371 | £275 | Get legal advice | Leaflet T604 and T616

Compulsory acquisition where owner is absent (greater London) | Form T370 or Form T362 | £1,270 | Get legal advice | Leaflet T604 and T616

Compulsory acquisition where owner is absent (not in greater London) | Form T370 or Form T362 | £1,150 | Get legal advice | Leaflet T604 and T616

‘Right to light’ dispute | Form T383 or Form T384 | £1,320 or £1,650 | Get legal advice | Leaflet T607

Tree preservation order | Form T371 or Form T370 | £275 | Get legal advice | Leaflet T604 and T616

Compensation for blighted land | Form T374 or Form T375 | £275 | Get legal advice | Leaflet T604 and T616

Any other case | See the list of forms |  |  |

What to include

You must include:

a copy of the decision you’re appealing against (if you’re appealing a decision)

what your case is about, for example leasehold enfranchisement, rent increases, variation of a lease

whether you’d like to go to the hearing - and whether you need special arrangements, for example because of mobility issues

whether you’d like to call any expert witnesses

a ‘statement of case’ - where you set out why you’re appealing or applying to the tribunal

any other documents mentioned on the form

What happens next

The tribunal will decide if it (the tribunal) can consider your case.

In most cases you will be asked to attend a hearing to present your case. You can also ask for a decision to be made without a hearing. The judge will decide if it’s necessary.

Get a time extension

You may be able to get a time extension for any step of the process. You must tell the tribunal why you need more time. You must also tell the other party in writing that you’re going to ask for an extension.

It costs £110 - make a cheque payable to ‘HMCTS’ and send it to the tribunal with a letter explaining your request. You must also send a copy of this letter to the other party.

If you get a hearing

You’ll usually be asked when you’re available to attend a hearing. In certain cases you may be told when a hearing will take place, but you’ll be told at least 14 days beforehand. Hearings can be held sooner than this under exceptional circumstances. You can call a witness to support your case.

You can check the daily courts lists before your hearing to find out if anything has changed.

Hearings cost between £275 and £16,500 (depending on the size of the claim) and are usually held in public. There’s no hearing fee for land registration cases.

You may be asked questions by:

the judge

the other party, or their (the other party) representative (if they (the other party) have one)

You can not claim any expenses for going to a tribunal (the tribunal) hearing. The tribunal may order the other party to pay your costs if you win your case.

You’ll get a decision in writing after the hearing, usually within 3 months.

If you lose your case

You may be able to appeal to a higher court if you think there was a legal problem with the judge’s (The judge) decision at the Upper Tribunal (Lands Chamber). Get legal help or advice if you’re not sure.

You must ask the upper tribunal judge (The judge) for permission before you appeal - you must do this in writing within 1 month of the decision.

If the judge refuses you permission, you can ask the Court of Appeal in England and Wales for permission.

Legislation and previous decisions

Read the rules the Upper Tribunal (Lands Chamber) must follow and its (the Upper Tribunal (Lands Chamber)) decisions on previous cases.

Previous decisions

Search the decisions database to see how and why previous decisions have been made.

Legislation

The tribunal must follow the rules and process set out in the:

Tribunal Procedure (Upper Tribunal) (the Upper Tribunal (Lands Chamber)) (Lands Chamber) Rules 2010

Tribunal Procedure (Amendment) Rules 2012

Tribunal Procedure (Amendment No. 3) Rules 2013

Practice Directions – The Upper Tribunal (Lands Chamber)

Practice Statement – Delegation of functions to staff in the Upper Tribunal (Lands Chamber (the Upper Tribunal (Lands Chamber)))

Upper Tribunal (Lands Chamber) (the Upper Tribunal (Lands Chamber)) Fees Order 2009

Upper Tribunal (Lands Chamber) (the Upper Tribunal (Lands Chamber)) Fees (Amendment) Order 2010

Upper Tribunal (Lands Chamber) Fees (Amendment) Order 2013

Read the Practice Directions and Practice Statements for more guidance.


Challenge your solicitor's bill

Overview

You can challenge your solicitor’s bill if you think you’ve been charged too much.

Ask the Senior Courts Costs Office to make a ‘detailed assessment’ of your bill (your solicitor’s bill). They can reduce your bill (your solicitor’s bill) if they agree it (your solicitor’s bill)’s too expensive.

There’s a different process if you want to complain about your solicitor’s behaviour.

Before you apply

Try to solve the problem with your solicitor (your solicitor’s) before contacting the court.

You can complain to your solicitor directly by following their (the Senior Courts Costs Office) complaints procedure.

You can also get free legal help and advice from:

your local Citizens Advice Bureau

your local Law Centre

the Royal Courts of Justice Advice Bureau

When to apply

You must apply to the court before asking for a detailed assessment. You must do this within one month of getting your solicitor’s bill.

If you do not, you can still apply within a year of getting the bill (your solicitor’s bill), but the court might ask you to pay part or all of what you owe upfront. You’ll get back what you’ve overpaid if the judge agrees you’ve been charged too much.

You might also be able to apply if you’ve already paid your solicitor’s bill or it’s been over a year since you got it (your solicitor’s bill). You can only do this in special circumstances - you must explain what these are when you apply.

How to apply

Download and fill in 3 copies of Part 8 claim form (N208). You must pay £45.

Send a cheque made payable to ‘HMCTS’ with all 3 copies of your completed form (Part 8 claim form (N208)) and a copy of your solicitor’s bill to:

You can apply to your local District Registry (a court that deals with certain High Court cases) instead if you live outside of London.

Apply to your nearest county court if the original case was dealt with by a county court and your solicitor’s bill is for £5,000 or less.

What happens next

The court will keep one copy of your claim form (Part 8 claim form (N208)). The other copies will be sent to you and your solicitor and stamped with an issue date.

You’ll then get an ‘acknowledgement of service’ from your solicitor confirming they’ve seen your application.

You’ll be asked to attend a hearing if your solicitor does not think you should have a detailed assessment. You’ll get a ‘notice of hearing’ from the court saying when and where the hearing will take place.

You’ll get a letter from your solicitor if they agree to a detailed assessment. Send a copy of this letter to the court.

If your solicitor does not challenge your application, you can ask them (your solicitor) to give their (your solicitor) consent. If they (your solicitor) agree then the court might decide neither of you will need to go to the hearing.

If you have a hearing

Both you and the other side will present your case to a Costs Judge (or a District Judge if the hearing is held outside London).

You must bring with you copies of any documents you’ve sent to the court as part of your application.

The court will decide whether to order a detailed assessment. You’ll get the decision then or by post within a few days of the hearing.

If you disagree with the decision (decide)

You can make an appeal if you disagree with the court’s (the court) decision (decide).

You must get permission before you appeal - you can ask the Costs Judge at the hearing.

You can ask the appeal court for permission if you’re refused or do not ask for it at the hearing. Read leaflet EX340 for more information.

Get a detailed assessment

You’ll be given a court order after the hearing that says whether you can have a detailed assessment.

The detailed assessment (a detailed assessment) will take place at another hearing.

Download and fill in request form (N258C). You must also pay a court fee. How much you pay will depend on the size of your solicitor’s bill.

Amount on your solicitor’s bill | Fee

£15,000 or less | £335

£15,000.01 to £50,000 | £675

£50,000.01 to £100,000 | £1,005

£100,000.01 to £150,000 | £1,345

£150,000.01 to £200,000 | £1,680

£200,000.01 to £300,000 | £2,520

£300,000.01 to £500,000 | £4,200

£500,000.01 or more | £5,600

Other fees

You must pay your own costs and the other party’s reasonable costs of the detailed assessment (a detailed assessment), unless:

the judge reduces your solicitor’s bill by 20% or more

there are special circumstances, for example you originally offered to settle the bill (your solicitor’s bill) for an amount more than the final amount fixed by the court

How much you pay will depend on how much time your solicitor has spent in court - this is usually worked out from their hourly rate.