Practice Guidance No 8 from the President of the First-tier Tribunal, Social Entitlement Chamber

Social Entitlement Chamber (First-tier Tribunal)TribunalsPractice Guidance

Information without evidential value

Introduction  

1. This Guidance applies to appeals before any of the three Tribunals within the Social Entitlement Chamber (SEC): the Asylum Support Tribunal (AST); the Criminal Injuries Compensation Tribunal (CICT); and the Social Security and Child Support Tribunal (SSCST). This Guidance shall have effect from the date it is issued.

    Background

    2. The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 (“the Rules”) apply to all cases (appeals) within the SEC. The Rules include those which are concerned with evidence and dealing with cases fairly and justly.

    3. Parties (as defined by Rule 1(3)) provide evidence to the Tribunal in writing. This may be in the form of a notice of appeal (from the appellant), a response to the appeal (from the First Tier Agency which made the appealed decision), replies (from the appellant and, if applicable, any other respondents), and other documents from all parties, intended to support their respective cases or which they have been directed by the Tribunal to provide. Parties may also provide evidence orally.

    4. First Tier Agencies whose decisions are under appeal have specific duties to provide information as part of their response to an appeal, including copies of all documents in their possession which are relevant to the case, unless the Tribunal directs otherwise (Rule 24).

    5. When a party provides documentary evidence for the Tribunal to consider it must be submitted unedited, that is, in its original form. This requirement ensures that the evidence within it has not been manipulated or distorted in any way to make it misleading or incomplete. Only in limited circumstances may disclosure of any information within a document be withheld. This is for the Tribunal to determine, in accordance with the Rules.

    6. Rule 14 allows a party to apply for information within a document to be withheld, either from another party, or from anyone not involved in the case (the public for example). Orders under Rule 14 are only made in circumstances where the Tribunal is satisfied that a person is likely to be caused serious harm and it is in the interests of justice to direct that specific information be withheld.

    7. Rule 19 makes provision for the First Tier Agency and Tribunal, in specific circumstances, to take appropriate steps to secure the confidentiality of the address, and any information which could reasonably be expected to enable a person to identify the address, of certain parties.

    What information is relevant?

    8. Parties are required to provide information relevant to the case. First Tier Agencies are increasingly submitting documents which contain details about individuals who are not a material part of the case: they are not the decision makers, have not provided “witness” evidence and are simply administrators. An example of this is an employee of a First Tier Agency who has merely processed an email, but whose name and email address appears on the page. This person has not made the decision which is the subject of the appeal, and has not provided any evidence which led to the decision being made or supports the respondent’s case.

    9. In those circumstances it is not necessary for their names and contact details to be disclosed. They played no part in the making of the decision under appeal, they have given no opinion or factual evidence to the Tribunal for it to consider when hearing or deciding the appeal and at the most have acted as a conduit through which the information or evidence has been transferred to the parties and/or the Tribunal.

    10. For the avoidance of doubt, the names of decision makers, assessors, examiners, or witnesses of fact or opinion, must always be included in the documentary evidence. It is a fundamental tenet of the justice system, as reflected in the requirements in Rule 24, that a person should know how a decision was made, by whom, and with what evidence.

      Excluding a name and/or contact details

      11. In circumstances such as those cited above, where it is clear that the name and other details (telephone number, address, email address) belong to someone who has neither provided evidence nor an opinion and who has not contributed to or made a decision in respect of a matter under appeal, it is not necessary for a party to make an application for a Rule 14 order to submit a document with those personal details removed. To require such an application and order would be disproportionate and not in-keeping with the overriding objective (Rule 2) of the Rules.

      12. Any party, in providing redacted evidence to the Tribunal without a Rule 14 order, must however include an explanation of what evidence is redacted and the purpose of the redaction. This is to ensure that any other parties are not prejudiced and to avoid unnecessary communication about the reason for the redaction. In the event of any doubt or dispute, it will be for the Tribunal to determine whether any information may be withheld, considering in particular Rule 14.

        Judge Elizabeth McMahon
        President  
        First-tier Tribunal (Social Entitlement Chamber)

        5 January 2026