Law and Practice

Acts

The jurisdiction of the Health, Education and Social Care Chamber is drawn from the Tribunals, Courts and Enforcement Act 2007. Here is a non-exhaustive list of related statutes.

• Tribunals, Courts and Enforcement Act 2007
• Mental Health Act 1983
• The Mental Capacity Act 2005
• Mental Health Act 2007
• The Education Act 2002
• The Children Act 1989
• The Equality Act 2010
• SEN Code of Practice

Rules

The Health, Education and Social Care Chamber works to specific Rules of procedure by which appeals may be heard, depending on the nature of the case or appeal.

• The Tribunal Procedure (First-tier Tribunal)(Health, Education and Social Care Chamber) Rules 2008 (as amended)

Guidance

• Presidential Guidance: Evidence from Abroad, Note No 1 of 2024
  New Presidential Guidance on Evidence from Abroad (PDF) came into effect on 19 August 2024. It revises and replaces previous Presidential Guidance on giving evidence from abroad in the Health, Education and Social Care Chamber.
  The Practice Guidance is set out in four parts. The first part deals with guidance relating to witnesses based abroad (page 3); the second part offers guidance to representatives and observers who are abroad (page 9); the third part focuses on the important position delay may play in the proceedings (page 11); and finally, the position for Judicial Office Holders wanting to conduct hearings from abroad is set out at the end (page 12).
• Presidential Guidance: Recording of Hearings and Transcription of recordings in HESC, Note No 3 of 2023
  This Presidential Guidance on Recording of Hearings and Transcription of recordings in HESC came into effect from 15 January 2024. It revises and replaces Presidential Guidance Note No 1 of 2023 on Recording of Hearings in the Health, Education and Social Care Chamber and Transcription of Recordings, dated 1 February 2023.
• Practice Guidance: Procedure for handling representations from victims in the Mental Health jurisdiction (HESC)
  President of HESC issues new guidance on open justice and victims of criminal offending in the Mental Health jurisdiction.
• HESC Presidential Guidance Note No1 of 2022: Taking oral evidence from abroad and representatives and observers appearing from abroad.
• Practice and Procedure: Mental Health (PDF)
• Equal Treatment Bench Book

Further information

See the Upper Tribunal AAC decisions webpage.

The links below may also be relevant and helpful:

• NHS: Putting things right (external link)
• The United Nations Convention on the Rights of the Child (PDF)
• The Equality and Human Rights Commission Code of Practice for Services, Public Functions and Associations (external link)

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