Tribunal hearings are less formal than court. There are no wigs, and the judge will usually explain what is happening. Many child maintenance hearings take an hour or two, though complex cases can take longer.
Who will be there
- The judge. Usually a judge sitting alone. In some cases about complex finances, a financially qualified member may sit too.
- The clerk. Organises the hearing and shows you in.
- You, and anyone supporting or representing you.
- The other parent, who is a party and can attend, with any representative.
- A DWP presenting officer sometimes attends to explain DWP’s position. Often nobody from DWP attends.
How it runs
- Introductions. The judge explains who everyone is and what the appeal is about.
- The issues. The judge usually confirms what needs deciding. Listen closely: if something is missing, say so politely.
- Evidence. The judge asks questions, often starting with the appellant. The other party can usually ask questions too, often through the judge.
- Summing up. Each party gets a chance to say briefly why the tribunal should decide in their favour.
- Decision. The judge may decide on the day, after a short break, or send the decision by post.
It is not a debate with the other parent
Speak to the judge, not to the other parent. Answer the question you are asked, then stop. If you do not know, say so. If you think the other parent has said something untrue, make a note and raise it when you are invited to.
Preparing in the week before
- Reread the DWP response, your reply and your submission
- Prepare a one-page note of your key points, with bundle page numbers
- Mark the key pages in your bundle with sticky tabs
- Check the venue, time and travel, or test your video link
- Arrange childcare: children do not attend
- Bring water, a pen, your full bundle and a copy of everything you sent
- Plan to arrive 30 minutes early
Use the hearing preparation checklist to work through it.
Face to face, video or telephone
You can ask for a face to face hearing, video or telephone. Disputed facts are often easier to deal with face to face, where the judge can see documents being referred to and the parties can be heard clearly. Whatever you choose, have your bundle in front of you.
Adjustments and support
If you have a disability, a health condition, or concerns about being in the same room as the other parent, tell the tribunal in advance. It can make adjustments, such as separate waiting areas, breaks, or giving evidence by video.
If you need a postponement
If you cannot attend on the date given, write to the tribunal straight away with the reason and evidence, and ask for a postponement. Requests close to the hearing date are less likely to be granted unless there is a good reason. There is a postponement request letter in the letter builder.
Common questions
What do I call the judge?
“Judge” is fine. Some people say “Sir” or “Madam”. Nobody will mind if you get it wrong.
Can I read from notes?
Yes. A one-page list of points is sensible. Avoid reading a long speech: the judge will want to ask questions.
Is the hearing public?
Tribunal hearings are public in principle, but in practice it is rare for anyone unconnected with the case to attend. The tribunal can direct that a hearing is held in private. If that matters to you, ask in writing before the hearing and explain why.
What if I get upset?
Ask for a short break. Judges see this often and will not hold it against you.
Sources and law
- Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008, rules 27 to 31 (hearings)
- HMCTS guidance SSCS2A (appealing a child maintenance decision)
