If you make an appeal we will look at your claim again. If we can’t change the decision, we will send your appeal to an independent tribunal who will consider whether the law has been applied correctly. If they do not think it has, they can change the decision.
If your appeal is sent to Her Majesty’s Courts and Tribunal Service, we prepare a case which includes your appeal, details of the law and the facts used to make the decision plus supporting evidence and documents.
We will send a copy of the appeal papers to you and your representative (if you have one) as well as to Her Majesty’s Courts and Tribunal Service. You should read all the papers carefully. If you do not understand something, you can ask an advice centre or solicitor to explain.
Her Majesty’s Courts and Tribunals Service will send you an enquiry form once they have received your appeal. It is important that you fill this in and provide any additional information they ask for otherwise they may end your appeal.
You can ask for either a hearing or to get a written response.
An appeal tribunal is heard by a Judge and completely independent of Torbay Council. They will only look at the evidence, the law and the circumstances at the time we made the decision you are appealing against.
If you do choose to go to a hearing you will have the opportunity to talk about your case with the Tribunal Judge.
Your appeal cannot be accepted if you appeal 13 months or more after the date on the decision letter.
If you make an appeal outside of the one month deadline but less than 13 months after we sent notifications to you, your appeal is considered to be late.
A late appeal may not be accepted unless there are special circumstances for the delay.
This could be something like:
- A death
- A serious illness
- Absence abroad
- A postal strike
- Some other special circumstance which prevented you from making an appeal on time
You should explain why you could not appeal in time on the appeal form.
We will look at the reasons you have given for not appealing in time and consider whether the delay is justified.