Scottish tribunals

This advice applies to Scotland. See advice for See advice for England, See advice for Northern Ireland, See advice for Wales

Tribunals in Scotland

There are 3 types of tribunals in Scotland:

  • Scottish tribunals – that deal with devolved issues and are administered by the Scottish Courts and Tribunals Service

  • tribunals that deal with reserved issues but have Scottish jurisdiction and structures – such as the tribunal that deals with War Pensions

  • tribunals that deal with reserved issues and have GB-wide jurisdiction and structures – such as the Social Entitlement Chamber of the First-tier Tribunal that deals with appeals relating to Social Security and Child Support.

Organisation of the Scottish tribunals

The tribunal service in Scotland is split into:

  • First-tier Tribunal – split into Chambers according to the topic. Each chamber has a Chamber Specialist who has expertise in that topic

  • Upper Tribunal – hears appeals from a First-tier Tribunal on a point of law and only with the permission of the First-tier Tribunal or another tribunal that may have made the decision, for example, the Pensions Appeals Tribunal. If the permission is refused the Upper Tribunal can still decide to accept the case. This part of the structure is divided into Divisions.

The highest civil court, the Court of Session, hears appeals from the Upper Tribunal but only on a point of law and with the permission of the Upper Tribunal. If the permission is refused the Court of Session can decide to take the appeal.

Complicated or controversial cases can go straight to the Upper Tribunal without first going to the First-tier Tribunal but most cases will go to the First-tier Tribunal in the first instance.

The First-tier Tribunal

There are 6 chambers of the First-tier Tribunal:

  • the Housing and Property Chamber

  • the Health and Education Chamber - deals with Additional Support Needs appeals

  • the Social Security Chamber - deals with Social Security Scotland appeals

  • the General Regulatory Chamber - deals with charity appeals and transport appeals

  • the Tax Chamber - deals with appeals about Land and Buildings Transaction Tax and Scottish Landfill Tax 

  • the Local Taxation Chamber - deals with appeals about Council Tax and water charges, Council Tax Reduction and non-domestic rates.

Housing and Property Chamber

The Housing and Property Chamber allows homeowners to challenge whether a property factor has carried out their duties or complied with the Property Factor Code of Conduct. Where there has been a failure, an order is put in place requiring the factor either to take certain action or make a payment. Failure to comply is a criminal offence.

It also ensures fair rents for tenants and landlords, and ensures that private rented accommodation meets the repairing standard. The Tribunal can inspect the property in question and hold a hearing. Or, if both parties agree, a mediation service can be offered, settling disputes less formally.

The Housing and Property Chamber also hears disputes between landlords and tenants in all private tenancies that may involve civil proceedings for reclaiming rent or tenancy deposits or other financial obligations.

It also deals with enforcement of the Letting Agent Code of Practice.

Health and Education Chamber

The Health and Education Chamber deals with Additional Support Needs (ASN) appeals. 

The ASN jurisdiction of the Health and Education Chamber hears appeals (references) made by parents and young people against decisions of education authorities regarding the provision of educational support, and claims of discrimination because of a disability.

There is guidance about the Additional Support Needs jurisdiction (the ASN Tribunal) on the Health & Education Chamber website.

Get help with an Additional Support Needs appeal from a specialist organisation, such as Enquire. 

Find out more about the chamber on the Health and Education Chamber website.

Social Security Chamber

The Social Security Chamber hears appeals about decisions made by Social Security Scotland. Social Security Scotland is responsible for Scottish benefits like the Best Start Grant and the Funeral Support Payment.

Find out more about appealing to the First-tier Tribunal (Social Security Chamber).

General Regulatory Chamber

The General Regulatory Chamber hears charity appeals and transport appeals. Find out more about the chamber on the General Regulatory Chamber website. 

The Charity Appeals jurisdiction deals with appeals about decisions made by the Office of the Scottish Charity Regulator (OSCR). Find out more about charity appeals on the General Regulatory Chamber website.

The Transport Appeals Tribunal deals with appeals about the charges that can be imposed by some local councils for parking offences, enforcement of bus lanes and low emission zones. Find out more about transport appeals on the General Regulatory Chamber website.

Tax Chamber

The Tax Chamber hears appeals about Land and Buildings Transaction Tax (a tax on the sale of land and property) and the Scottish Landfill Tax (a tax on un-recycled waste). 

Local Taxation Chamber

The Local Taxation Chamber hears appeals about:

  • Council Tax and water charges

  • Council Tax Reduction

  • non-domestic rates

Find out more about the chamber on the Local Taxation Chamber website. 

The Upper Tribunal

It is possible to apply to the Upper Tribunal for an appeal against a decision of a First-tier Tribunal or to ask permission for an appeal because the First-tier Tribunal has refused permission to appeal. If you want to complete a form you should seek advice, for example from a Citizens Advice Bureau, or from a specialist on the topic.

Members of the First-tier Tribunal and Upper Tribunal

Each First-tier Tribunal and Upper Tribunal could have three types of member:

  • ordinary - with expertise in the subject area

  • legal - legally qualified

  • judicial - from the Scottish Courts judiciary.

Some judicial members of the First-tier Tribunal who are Chamber Specialists can also be a legal member of the Upper Tribunal.

All tribunals have a decision-making function that matches with the process every tribunal in the Chamber structure uses and a role to provide independent resolution of disputes.

Other tribunals and courts

Some tribunals in Scotland are administered by the Scottish Courts and Tribunal Service but do not sit within the First-tier Tribunal chamber structure. They are:

  • Mental Health Tribunal for Scotland

  • Pensions Appeals Tribunal - this deals with appeals about the War Pension Scheme and the Armed Forces Compensation Scheme

  • Lands Tribunal for Scotland

Mental Health Tribunal for Scotland

The Mental Health Tribunal for Scotland sits in Hamilton and deals with cases from the whole of Scotland. It is administered by the Scottish Courts and Tribunal Service.

This is by far the largest of the nine tribunals and determines applications for compulsory treatment orders (CTOs) under the Mental Health legislation and considers appeals. Applications for CTOs must be made by mental health officers, who are specially trained social workers. There is a set of Frequently Asked Questions on the Mental Health Tribunal for Scotland website which may be helpful.

Appeals against decisions go first to the Mental Health Tribunal and thereafter to the Court of Session.

Pensions Appeals Tribunal

The Pensions Appeal Tribunal deals with appeals about the War Pension Scheme and the Armed Forces Compensation Scheme.

The Upper Tribunal for Scotland hears appeals from the Pensions Appeal Tribunal on a point of law.

Lands Tribunal for Scotland

The Lands Tribunal hears disputes involving land or property. You can read more about what the tribunal does on the Lands Tribunal for Scotland website.

You can appeal on a point of law against a Lands Tribunal decision by making a written appeal directly to the Court of Session.

The following reserved tribunals are administered by HM Courts and Tribunals Service (HMCTS):

Specialist courts

The Court of the Lord Lyon

The Court of the Lord Lyon is the heraldic authority for Scotland and deals with all matters relating to Scottish Heraldry and Coats of Arms and maintains the Scottish Public Registers of Arms and Genealogies.

Scottish Land Court

It has authority to resolve a range of disputes, including disputes between landlords and tenants, in agriculture and crofting. The Court is based in Edinburgh, but holds hearings throughout Scotland.

Complaints about tribunal staff or tribunal members

If you want to complain about staff or the service you got at a Scottish tribunal, you should use the Scottish Court and Tribunals Service complaints procedure. 

If you want to complain about the conduct of a Scottish tribunal member, you should use the Judiciary of Scotland complaints procedure. You cannot complain about the decision of a tribunal. You should think about appealing instead.