After the decision

When the tribunal decides, you get a decision notice. It says whether the appeal was allowed and what the decision now is. It does not usually explain why. What you do next depends on whether you won, lost, or something went wrong with the process.

If the appeal is allowed

The CMS puts the tribunal’s decision into effect. That can take a few weeks. Check the new calculation letter carefully against the decision notice. If the CMS has not acted within a reasonable time, contact it in writing and quote the tribunal decision.

Asking for a statement of reasons

A statement of reasons is the judge’s written explanation. You must ask for one within one month of the date the decision notice was sent. You need it if you want to appeal further, and it is useful even if you won, because it explains how the judge saw the evidence.

Corrections and setting aside

• Correction. If the decision contains a slip, such as a wrong date or figure, write and ask for it to be corrected.
• Setting aside. If something went wrong with the process, for example you did not receive notice of the hearing, a document was not sent to you, or you could not attend for a good reason, you can ask for the decision to be set aside. Apply within one month of the date the decision was sent. If it is set aside, the appeal is heard again.

Appealing to the Upper Tribunal

You can only appeal to the Upper Tribunal on a point of law. That means the First-tier Tribunal made a legal mistake, such as:

• applying the wrong law or misunderstanding the law
• not giving adequate reasons for its decision
• not dealing with an issue it needed to decide
• reaching a decision no reasonable tribunal could have reached on the evidence
• an unfair procedure

Disagreeing with how the judge weighed the evidence is not, on its own, a point of law.

1. Get the statement of reasons. Ask within one month of the decision notice.
2. Ask the First-tier Tribunal for permission to appeal. Within one month of the date the statement of reasons was sent. Explain the legal error clearly.
3. If it refuses, ask the Upper Tribunal. Use form UT1 within one month of the date the refusal was sent, with copies of the decision, reasons and refusal.
4. If permission is given, the Upper Tribunal decides whether there was an error of law. It may make the decision itself or send the case back for a new hearing.

Common questions

The other parent has asked for a statement of reasons. What does that mean?

They may be considering an appeal. You will be told if they apply for permission and can usually comment.

Can I complain about the judge?

Complaints about a judge’s conduct (not their decision) go to the Judicial Conduct Investigations Office. Disagreement with the decision is dealt with by appeal, not complaint.

The CMS says it cannot backdate the decision. Is that right?

A tribunal decision on appeal replaces the decision under appeal from its effective date. If the CMS does not implement it properly, write and quote the decision notice. If that fails, use the complaints process.