Appeals against decisions of The Housing and Property Chamber, First Tier Tribunal for Scotland.

Barbara Jones made this Freedom of Information request to Scottish Courts and Tribunals Service This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Scottish Courts and Tribunals Service,

This request relates to the situation with regard to appeals against decisions made by the Housing and Property Chamber, First Tier Tribunal for Scotland.

1) In each of the last three years how many appeals were made against decisions made by this body?

2) The system that exists requires permission to appeal to the Upper Tribunal by an application to the First Tier Tribunal. How many of the applications for permission to appeal were allowed in each of the last three years?

3) How many appeals were referred to the Upper Tribunal in each of the last three years? How many of these were upheld?

4) Given that the application for permission to appeal made to the First Tier Tribunal is dealt with by the same person who made the original decision, this breaches Article 6 Human Rights Act 1998. This dOes not represent the right to a fair hearing as the person considering the matter has been involved in the process of the decision which is the subject of appeal. Has the Scottish Courts and Tribunal service had any legal advice regarding this? Has anyone taken legal action against the First Tier Tribunal for breach of Article 6 HRA?

5) Have any complaints been made on the grounds the First Tier Tribunal, Housing and Property Chamber, displays bias towards landlords?

Yours faithfully,

Barbara Jones

Foi, Scottish Courts and Tribunals Service

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Foi, Scottish Courts and Tribunals Service

I am writing to acknowledge receipt of your e-mail.

Your e-mail is receiving attention. If your request falls under the Freedom of Information (Scotland) Act 2002 the statutory timescale for a response is 20 working days.

If however your request is regarding the Data Protection Act 1998, we aim to provide you with a response within 40 calendar days.

Protect the environment...please don't print this e-mail unless you really need to

E-MAIL DISCLAIMER

This e-mail, and any files transmitted with it, are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify [email address]. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the Scottish Courts and Tribunals Service (SCTS). Finally, the recipients should check this e-mail and any attachments for the presence of viruses. The SCTS accepts no liability for any damage caused by any virus transmitted by this e-mail.

www.scotcourtstribunals.gov.uk

Ferrie, Agnes,

Dear Ms Jones

Freedom of Information (Scotland) Act 2002

Thank you for your request for information received on 16 September 2017.

I have attached the response to your request below:

This request relates to the situation with regard to appeals against decisions made by the Housing and Property Chamber, First Tier Tribunal for Scotland.

The permission to appeal process commenced with the introduction of the Housing and Property Chamber, First Tier Tribunal for Scotland (HPC) on 1 December 2016 and presumably only data from then is being requested. Prior to that date there was no permission to appeal process and the First Tier Tribunal did not exist.

1) In each of the last three years how many appeals were made against decisions made by this body?

From December 2016 (live date of First Tier Tribunal) there have been 5 Appeals to the Upper Tribunal.

2) The system that exists requires permission to appeal to the Upper Tribunal by an application to the First Tier Tribunal. How many of the applications for permission to appeal were allowed in each of the last three years?

The Housing and Property Chamber has only existed since December 2016, I have therefore supplied the total figure for granted applications from 1 December 2016 to present.

The tribunal can grant in full or in part an application for permission to appeal, since an application can cover several different grounds for appeal. Since 1 December 2016 the Tribunal has granted permission to appeal in part on two occasions, and has not yet granted full permission to appeal for an application.

3) How many appeals were referred to the Upper Tribunal in each of the last three years? How many of these were upheld?

The Housing and Property Chamber, First Tier Tribunal for Scotland has not referred any cases to the Upper Tribunal; from December 2016 (live date of First Tier Tribunal) there have been 5 Appeals to the Upper Tribunal for HPC.

4) Given that the application for permission to appeal made to the First Tier Tribunal is dealt with by the same person who made the original decision, this breaches Article 6 Human Rights Act 1998. This does not represent the right to a fair hearing as the person considering the matter has been involved in the process of the decision which is the subject of appeal. Has the Scottish Courts and Tribunal service had any legal advice regarding this? Has anyone taken legal action against the First Tier Tribunal for breach of Article 6 HRA?

Legislation for the Housing and Property Chamber, First Tier Tribunal for Scotland (HPC) was drafted by the Scottish Government. The Scottish Courts and Tribunals Service has not had any legal advice regarding this. The Housing and Property Chamber, First Tier Tribunal for Scotland is only responsible for implementing the legislation. It should be noted that if Permission to Appeal is refused by a First-tier Tribunal, there is still a right to seek such permission from the Upper Tribunal.

5) Have any complaints been made on the grounds the First Tier Tribunal, Housing and Property Chamber, displays bias towards landlords?

No complaints been made on the grounds the First Tier Tribunal, Housing and Property Chamber displays bias towards landlords?

I hope you find this information of assistance. However should you feel dissatisfied with this decision or the manner in which your request has been handled, the Act provides for a review process to be conducted. Should you wish to take advantage of this process you may apply in writing for a review. Your request should provide details of why you wish a review to be carried out and should be made within 40 working days of receipt of this letter to:-

The Freedom of Information Officer
Scottish Courts and Tribunals Service
Saughton House
Broomhouse Drive
Edinburgh
EH11 3XD
[Scottish Courts and Tribunals Service request email]
Following that review should you still feel dissatisfied, you have the right to lodge an appeal with the Scottish Information Commissioner either online:

http://www.itspublicknowledge.info/YourR...

or at the following address:-

Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St. Andrews
FIFE
KY16 9DS

Kind regards

Agnes Ferrie
Tribunals Operations Support Team
Scottish Courts and Tribunals Service

Barbara Jones (Account suspended) left an annotation ()

The fact that the system whereby the Housing and Property Chamber, First Tier Tribunal for Scotland, deals with applications for permission to appeal to the Upper Tribunal means it approaches these unfairly. The person in the Housing and Property Chamber who made the original decision on a case, also deals with the application for permission to appeal to the Upper Tribunal. They are hardly going to find against themselves. It results is a distinct bias in the approach.

It is known there have been allegations against the First Tier Tribunal in respect of bias towards landlords. There is a case working at present where it is known there has been corruption and favouritism towards the landlord who has persistently failed to comply with a Repairing Standard Enforcement Order. This has been on a property for over 12 months and the Housing and Property Chamber has failed to act impartially.