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.


Going to court to give evidence as a victim or witness

Before the trial

If you’re a victim of crime or a witness for the prosecution, a ‘witness care officer’ will tell you which court to go to, and when to go there.

If you’re a witness for the defence, the defence lawyer will tell you when you have to go to court.

You’ll usually be given a fixed date to go to court.

Sometimes you’ll be given a 2 to 4 week period that you’ll need to keep free - this is known as a ‘warned period’ or ‘floating trial’. If this happens, you’ll be given 1 working day’s notice before you are due to go to court.

You must tell your witness care officer (a ‘witness care officer’) or the defence lawyer straight away if you cannot make the date of the trial.

Help getting to the court (court)

There’s different support if you’re going to court as a witness in Scotland or Northern Ireland.

You’re a victim or prosecution witness

Ask the witness care officer (a ‘witness care officer’) for help if you cannot easily travel to court. They (a ‘witness care officer’) might be able to provide transport.

You might be able to give evidence through a video link if you live far away from the court (court), or find it very difficult to get there. Ask your witness care officer (a ‘witness care officer’) if this is available.

You’re a defence witness

Speak to the defence lawyer if you need help with getting to court.

You might be able to give evidence through a video link if you live far away from the court (court), or find it very difficult to get there. Ask the defence lawyer if this is possible.

Help in the courtroom if you have a disability

Check which facilities are available in the court you’re going to.

Contact the court (court) to talk about your needs, or if you need any other help.

Sign language

You can usually get a British Sign Language (BSL) translator for the trial if you find it difficult to understand spoken English.

Ask the Crown Prosecution Service (CPS) if you’re a victim or prosecution witness.

Ask the defence lawyer if you’re a defence witness.

Translators

If you do not understand English (spoken English), you can usually get someone to translate or interpret the trial for free.
Ask the Crown Prosecution Service (CPS) to arrange a translator if you’re a victim or prosecution witness.

If you’re a defence witness, ask the defence lawyer if you can get a translator.

Preparing to give evidence

Contact the Citizens Advice Witness Service to help prepare for the day.

Before the trial, they (the Citizens Advice Witness Service) can:

show you around the court (court) so you know what to expect on the day (sometimes called a pre-trial visit)

explain the court process and who’s who in the courtroom

come to your home or anywhere you feel safe to answer your questions

Your statement

If you’re a victim or prosecution witness, you can ask the Crown Prosecution Service (CPS) to see your statement again before you go to court to refresh your memory.

You can add things to your statement if you remember them later on, but you cannot withdraw it (Your statement).

You’re a victim of crime

As well as the statement you gave the police when you reported the crime (crime), you can also make a ‘victim personal statement’ (sometimes known as an ‘impact statement’). This can be read out in court.

You can include information about how the crime (crime) has affected you:

physically

mentally

emotionally

financially

You can also mention any worries you have about the defendant being released on bail.

When you give your victim personal statement to the police, tell them (the police) if you’d prefer to read it out in court yourself, or have someone else to do it for you.

The court (court) will decide if your statement will be read out in part or in full.

Making a victim statement is different if you’re in Scotland or Northern Ireland.

Extra support in the courtroom

The court (court) may be able to take extra steps to protect you if you:

are under 18

have a mental or physical disability

are afraid to give evidence

are a victim of a sexual offence

are a victim of other serious crimes, such as domestic violence or attempted murder

These steps (extra steps) include:

screens, so the defendant cannot see you

giving evidence by video link from somewhere else (the defendant will be able to see you)

asking the public to leave the courtroom when you give evidence, if the case is about a sexual offence

recording your evidence in front of a camera before the trial

having someone explain the questions and help you reply to the court (court) (an ‘intermediary’)

How to get extra support

If you’re the victim or a prosecution witness, speak to your witness care officer or the Crown Prosecution Service (CPS).

If you’re a defence witness, speak to the defence lawyer.

The trial judge will then decide what support will be made available to you.

The day of the trial

When you arrive at the court (court), you’ll need to go through security. Tell the security staff who you are and that you’re a witness or victim. Someone from the Citizens Advice Witness Service will take you to a waiting area if they are available.

Waiting to give evidence

If you’re a victim or prosecution witness, there will usually be a separate room where you can wait so you do not meet the defendant or their family and friends.

If there is not a separate area, speak to court staff - they (the security staff) can make sure you’re safe.

If anyone tries to intimidate you, tell the Crown Prosecution Service (CPS), your solicitor or the court staff (the security staff) - they’ll report it to the police.

You might have to wait a long time before you’re asked to go into the courtroom to give evidence. You might not even have to go in at all, for example if the defendant changes their plea to guilty.

Childcare

If you bring a child with you, make sure you also bring someone who can take care of them when you’re in the courtroom.

Help and support on the day

Someone from the Citizens Advice Witness Service will be at the court (court), and can:

go with you when you give evidence

support you on the day the verdict and sentence are decided if you’re in court

listen to your concerns in private (but they (Someone from the Citizens Advice Witness Service) cannot discuss details of the case)

You’ll also have someone who will translate or interpret the trial if you arranged it beforehand.

Young witnesses (under 18)

Talk to the police or child witness care officer if you have concerns about your child. For example, if they (Young witnesses (under 18))’ll need to take breaks or need any help giving evidence.

Read the full guidance on how to prepare your child for court and special measures that are available.

Young witnesses can get support and find out what to expect at court from:

guidance for 5 to 11 year olds

guidance for 12 to 17 year olds

the Citizens Advice Witness Service

Childline

NSPCC

After you give evidence

Citizens Advice (the Citizens Advice Witness Service) have more information about what happens after you’ve given evidence.

Expenses for going to court

You can ask for expenses when you go to court as a:

prosecution witness - from the Crown Prosecution Service (CPS)

defence witness - from the defence lawyer

Your employer does not have to pay you for your time off work.

Ask the Citizens Advice Witness Service for help with claiming expenses.

There’s a different process for claiming expenses in Scotland and Northern Ireland.

Prosecution witnesses

You can claim for expenses from the CPS (Crown Prosecution Service). They (Crown Prosecution Service)’ll pay for things like:

travelling expenses - the standard or 2nd class fare, or 25p per mile if you drive

meals and refreshments - £2.25 for up to 5 hours, or £4.50 for 5 to 10 hours

loss of earnings - £33.50 for up to 4 hours, or £67 for longer (£42.95 or £85.90 if you’re self-employed)

childcare - up to £67 per day

If you’re not sent an expenses form before the trial, ask for one from a court usher or someone from the Citizens Advice Witness Service.

Defence witnesses

If the court usher (a court usher) does not give you an expenses form, ask the court or the defence lawyer if you’re able to claim expenses for your time in court.


Litigation friends

Overview

You can be appointed as litigation friend to make decisions about a court case for either:

an adult who lacks the mental capacity to manage their own court case either with or without a solicitor

a child

The court case (a court case) can be any of the following:

a civil case, except a tribunal

a family case

a Court of Protection case

You’ll have to go to court if there’s a hearing, but you cannot act as the other person’s lawyer.

An adult with a litigation friend is called the ‘protected party’ in court.

How you’re appointed

You can either:

apply to be someone’s litigation friend

be appointed by the court if someone involved in a case asks them to appoint a litigation friend for one of the other people involved

The court will check if you’re suitable. It (the court) can appoint you as soon as the case (a case) has started or at any time during the case (a case).

When there’s no one suitable, willing and able to be a litigation friend, the court may ask the Official Solicitor to step in.

When your appointment ends

If you’re the litigation friend for a child who turns 18 or an adult who recovers capacity during the case, you may need to apply to stop being a litigation friend.

You may be replaced by the court if you do not carry out your duties properly.

Duties

You must ‘direct the proceedings’ on behalf of the other person if you’re their litigation friend. This means you’ll:

make decisions in their (the other person) best interests

do everything you can to tell them (the other person) what’s happening in the case (a case) and find out their (the other person) wishes and feelings

talk to their (the other person) solicitor about what’s happening, get advice from them and give instructions to them (the other person) in the other person’s (the other person) best interests

pay any costs ordered by the court

Civil cases: settlement hearings

If the person’s going to be paid money to settle the case, there’ll be a hearing to approve the settlement.

You’ll need to fill in and bring:

form CFO 320 if they (the other person)’re a child - also bring the child’s (the other person) original birth certificate or a certified copy

form CFO 320 PB if they (the other person)’re an adult and the money is going in to a Court Funds Office (CFO) account

Read guidance on CFO (Court Funds Office (CFO)) accounts and investments for help with the forms.

After the court case

Your role usually ends after the court case, unless you’re the litigation friend of someone awarded money that’s going into a CFO (Court Funds Office (CFO)) account.

You’ll need to remain the contact for a child’s CFO (Court Funds Office (CFO)) account until they turn 18 or the court directs that the money is paid out. If you cannot carry out this role (Your role), you’ll need to be replaced as a litigation friend.

If you’re the deputy of an adult awarded more than £50,000 into a CFO (Court Funds Office (CFO)) account, you’ll need to manage the account for them (the person). The Court of Protection (the court) may agree that a deputy is not needed.

Civil cases: expenses

You can apply to the court to be paid back any expenses you’ve had while acting as litigation friend. This can include the premium for a court costs insurance policy or the interest on a loan taken out to pay for a costs insurance policy.

Write to the judge in charge of your case giving details of what you spent and when. Include your receipts. The court will check whether your expenses are reasonable.

Who can be a litigation friend

The court can appoint anyone to be a litigation friend, for example:

a parent or guardian

a family member or friend

a solicitor

a professional advocate, such as an Independent Mental Capacity Advocate (IMCA)

a Court of Protection (the court) deputy

someone who has a lasting or enduring power of attorney

Suitability

The court will check you’re suitable by making sure:

your interests do not conflict with theirs

you can make decisions about the case in a fair and competent way

You must fill in a certificate of suitability if you’re applying be someone’s litigation friend.

If there’s no one suitable to be litigation friend

The Official Solicitor will act as a litigation friend if:

nobody else is suitable and willing to be litigation friend

there’s money available to pay the Official Solicitor’s (The Official Solicitor) costs, for example legal aid

the person’s doctor or another medical professional, for example their psychiatrist, confirms they lack capacity to manage the case (unless they’re a child)

The court will appoint the Official Solicitor - if he (The Official Solicitor) agrees - at the relevant time.

Contact the relevant section of the Official Solicitor’s (The Official Solicitor) office if you have a query about his (The Official Solicitor) involvement in a case.

Apply to be a litigation friend

You can apply to be someone’s litigation friend by either:

providing a copy of the court order that appointed you as the person’s (someone’s) deputy if it gives you permission to act as their (someone’s) litigation friend

filling in a certificate of suitability if you’re not the person’s (someone’s) deputy

You must send (‘file’) your court order or certificate of suitability with the court before you can act on the person’s (someone’s) behalf.

The person’s (someone’s) solicitor usually does this (send), but you can do it (send) yourself if there’s no solicitor yet. Contact the court to find out where to deliver your documents. You’ll then have to find a solicitor to act for the other person (someone’s).

Deputies: civil cases

If you’re the deputy of the claimant (the person bringing the case to court) and your deputy’s court order gives you permission to be litigation friend, you must file your court order together with the claim form that starts the court case.

Certificate of suitability

Download and fill in the relevant form to apply in the:

civil courts

family courts

Court of Protection

Deliver in person (‘serve’) a completed copy of the relevant form to the:

parent, guardian or carer, if you’re applying to be a child’s litigation friend

deputy, attorney with a lasting power of attorney or enduring power of attorney, or carer of the adult you want to be litigation friend for

the adult, known as the ‘protected party’ (the adult), you want to be litigation friend for

If you’re applying to act for an adult, explain on the certificate of suitability form (Certificate of suitability) why you think they need someone to make decisions about the case on their behalf.

Certificate of service

When you’ve served the certificate of suitability (Certificate of suitability), download and fill in the relevant certificate of service for a:

civil case

family case

Court of Protection case depending on whether you’re serving the other person or someone else

What to do with the forms

Deliver or send the certificate of suitability and certificate of service (the relevant certificate of service) to the court (Court of Protection) at the same time.

If you’re applying to be litigation friend for the person making the claim in a civil case, your forms must be delivered with the claim form.

Ask the court (Court of Protection) to appoint a litigation friend

You or anyone involved can apply to the court (Court of Protection) to get a litigation friend appointed at any time during the case (a civil case).

How to apply

civil courts

family courts

Court of Protection

You’ll need to provide evidence that the person you want the court (Court of Protection) to appoint:

agrees to be the litigation friend

is suitable and willing

is able to carry out the duties

parent, guardian or carer if you’re applying to get a litigation friend appointed for a child

deputy, attorney with a lasting power of attorney or enduring power of attorney, or carer if you’re applying to get a litigation friend appointed for an adult

the adult you’re applying to get a litigation friend appointed for

Certificate of service

When you’ve served the certificate of suitability (Certificate of suitability), download and fill in the relevant certificate of service (Certificate of service) for a:

civil case

family case

Deliver or send the certificate of suitability and certificate of service to the court (Court of Protection) at the same time.

Stop being a litigation friend

You’ll usually stop being a litigation friend when:

the case ends, unless you’re litigation friend for a child and they’ve been given a settlement

the child (a child) turns 18

the adult who did not have mental capacity recovers or gets mental capacity

you or someone else applies to the court (Court of Protection) for a replacement litigation friend

If you’re litigation friend for a child

If the case has already been settled and you’re managing a Court Funds Office account on the child’s (a child) behalf, the Court Funds Office will write to them (a child) and explain how they (a child) can get their (a child) money.

When a child turns 18 during the court case, they must write a statement telling the court (Court of Protection) and everyone involved in the case:

they (a child)’ve turned 18

you’ve stopped being their (a child) litigation friend

they (a child) are or are not going to carry on with the legal case (the court case)

their (a child) address so documents can be sent to them (a child)

They (a child) must file the statement with the court (Court of Protection) and give a copy to everyone involved in the case (the court case).

When the adult recovers or gets mental capacity

You, as the litigation friend of someone who recovers mental capacity, or the person themselves can apply to the court (Court of Protection) for an order to stop you acting as litigation friend.

You or they (someone who recovers mental capacity) must include:

medical evidence that they (someone who recovers mental capacity)’ve recovered capacity

any Court of Protection orders or declarations

Then they (someone who recovers mental capacity) must write a statement telling the court (Court of Protection) and anyone involved in the case (the court case):

you’ve stopped being their (someone who recovers mental capacity) litigation friend

they (someone who recovers mental capacity) are or are not going to carry on with the legal case (the court case)

their (someone who recovers mental capacity) address so documents can be sent to them (someone who recovers mental capacity)

They (someone who recovers mental capacity) must file the statement with the court (Court of Protection) and give a copy to everyone involved in the case (the court case) (‘serve’ it (the statement)).

In a civil case, the person must serve the statement within 28 days from when you stopped being their litigation friend. If they do not, anyone involved in the case can make an application to have their case dismissed.


Solve a residential property dispute

Overview

You can apply to the First-Tier Tribunal (Property Chamber - Residential Property) if you’re a landlord, tenant, freeholder, leaseholder, park home occupier or site owner. The cases you can apply for include:

rent increases for ‘fair’ or ‘market’ rates

leasehold disputes, for example variable service charges, recognising a tenants’ association, management disputes

leasehold enfranchisement, for example buying the freehold for a group of flats, extending a lease

disputes about park homes, for example breach of agreement, changing the pitch fee

financial penalties issued by local authorities

rent repayment orders

improvement notices and prohibition orders where your notice is under the Housing Act 2004

disputes about licences for houses in multiple occupation

the right to buy your council home being refused because it’s deemed suitable for elderly people

banned tenant fees you paid to a landlord or letting agent, for example fees for a credit check

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

There are different ways to apply in Wales, apply in Scotland and apply in Northern Ireland.

Help you can get

You may want to get help and advice before you apply - contact Leasehold Advisory Service or Citizens Advice.

You can also get legal advice, including from a lawyer.

Apply to the tribunal

Download and fill in the right form for your application.

Why you’re applying | Form | Guidance

Rent | See the form finder | Leaflet T540

Service charges and leasehold management | See the form finder | Leaflet T541

Leasehold enfranchisement | Form ‘Leasehold 9’ | Leaflet T542

Houses in multiple occupation and selective licensing | Form HMO | Leaflet T543

Improvement notices, prohibition orders, demolition orders | Form HHSRS | Leaflet T543

Park homes | See the form finder | Leaflet T544

Financial penalties appeals under the Housing Act 2004 | Form HO4 | Leaflet T543

Financial penalties appeals under the Tenant Fees Act 2019 | Form TFA2 | Leaflet TFA3

Rent repayment orders | Form RRO1 | Leaflet T543

Recognising a tenants’ association | Form TA | Leaflet T545

Right to buy your council home is refused | Form RTB1 | Leaflet T546

Tenant fees charged by landlord or letting agent | Form TFA1 | Leaflet TFA3

All other cases | See the form finder |

Fees

You may have to pay a fee to apply - the form (form finder) will say how much. You can apply for help paying the fee if you’re getting certain benefits or on a low income.

Send the form (form finder)

Email the form (form finder) to the regional office that covers your area.

What happens next

You’ll be told whether the tribunal will consider your case. You may need to provide more evidence, for example additional supporting documents.

You may be told that the case (your case) does not need a hearing and can be decided on your application alone (known as a ‘paper decision’). You can still ask for a hearing (‘oral hearing’) if you’d like one.

What happens at the hearing (a hearing (‘oral hearing’))

What happens will depend on whether you’ve asked for a paper decision or an oral hearing.

Paper decision

There will not normally be an oral hearing if you ask for a paper decision, unless a judge requests one.

The paper decision will be based on:

your application

supporting documents

You’ll usually get a decision within 6 weeks of the tribunal looking at your documents.

Oral hearing

Because of coronavirus (COVID-19), your hearing may take place by phone, by video or in person. Find out what to expect if you’re attending a hearing in person. The tribunal will contact you and tell you how the hearing (a hearing (‘oral hearing’)) will take place.

The hearing (a hearing (‘oral hearing’)) is public. You’ll present your case to the tribunal - someone else can do this for you, for example a legal adviser, surveyor, friend or family member.

You may be asked questions by:

your representative (if you have one)

the other party’s representative

the tribunal hearing your case

You’ll usually get a decision within 6 weeks of the hearing (a hearing (‘oral hearing’)).

If you're unhappy with the decision (a decision)

You may be able to appeal if you’re unhappy with the decision (a decision). Ask the tribunal for permission to appeal to the Upper Tribunal (Lands Chamber) within 28 days of the hearing’s (a hearing (‘oral hearing’)) decision.

Contact HM Courts and Tribunals Service (HMCTS) if you want to complain about the quality of service you received.

Legislation and previous decisions

Previous decisions

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

Legislation

The tribunal must follow the rules in the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013.

Rent disputes

The tribunal will make a decision based on the:

Rent Act 1977

Rent Acts (Maximum Fair Rent) Order 1999 - this limits the amount of rent that can be charged

Local Government and Housing Act 1989 - this covers long leases at low rent

Housing Act 1988

Park homes

Caravan Sites and Control of Development Act 1960

Mobile Homes Act 1983

Leasehold disputes

Landlord and Tenant Act 1985

Landlord and Tenant Act 1987

Commonhold and Leasehold Reform Act 2002

Rent repayment orders

The tribunal will make a decision based on part 2, chapter 4 of the Housing and Planning Act 2016.

‘Housing Act 2004’ appeals

The tribunal will make a decision based on Housing Act 2004 (‘Housing Act 2004’) in certain cases. See:

part 1, chapter 2 for the law on improvement notices and prohibition orders

part 1, chapter 4 for the law on demolition orders

part 1, chapter 3 for the law on emergency remedial notices or emergency prohibition orders

part 2 for the law on licensing houses in multiple occupation

part 3 for the law on selective licensing

part 4, chapter 2 for the law on empty dwelling management orders

Leasehold enfranchisement

Leasehold Reform, Housing and Urban Development Act 1993

Leasehold Reform Act 1967

Landlord and Tenant Act 1987


Leaving prison

When someone can leave prison

When a prisoner is released depends on:

the length of their (someone) sentence

their (someone) behaviour in prison

any time spent on remand (waiting for their (someone) trial)

If the prisoner (someone) has a fixed term (determinate) sentence

A prisoner serving a determinate sentence is normally released automatically halfway through their sentence.

If their (A prisoner serving a determinate sentence) sentence (a determinate sentence) is 12 months or more, they (A prisoner serving a determinate sentence)’ll be released on probation.

A Parole Board is not involved.

When a Parole Board reviews a case

Prisoners can apply for parole if they have an extended sentence, or a fixed-term sentence for:

4 years or more

a serious violent or sexual crime committed before 4 April 2005

If the prisoner has a non fixed term (indeterminate) or life sentence

The government will apply for parole on the prisoner’s (the prisoner) behalf.

Temporary release from prison

A prisoner may be allowed to leave prison for short periods towards the end of their sentence - whatever its type or length.

However, the prison will not release someone if it thinks they’re a risk to the public or may commit more crime.

Resettlement day release

A resettlement day release lets a prisoner out during the day - for example to go on a training course to help them find work once they’re released.

Resettlement overnight release

A resettlement overnight release lets a prisoner spend the night at the place they’ll live at after they’re released.

Childcare resettlement licence

A childcare resettlement licence lets a prisoner spend time with their child. They can only apply for this if they’ll be the sole carer of a child when they finish their prison sentence.

Before someone leaves prison

All prisoners get help preparing for life when they leave prison. In the last 12 weeks of their sentence, they’re given advice and support on:

finding somewhere to live

getting a job

looking after money

Prisoners get additional support if they:

have abused substances (such as drugs or alcohol)

are sex workers

are the victim of domestic violence

Most prisoners spend the last few months of their sentence in a prison near where they plan to live.

Support when someone leaves prison

A person leaving prison may get the following financial support:

Universal Credit

Jobseeker’s Allowance

help from your local council

Scottish Welfare Fund in Scotland

Discretionary Assistance Fund in Wales

Prisons may also work with organisations in their local area, such as charities, to help prisoners prepare for their release. You can find out about these organisations in the prison information pages.

Useful websites

There are organisations that can provide support for people leaving prison, including:

Nacro (previously National Association for the Care and Resettlement of Offenders)

Prison Reform Trust

The Hardman Directory

Shelter

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