What Are Tribunals in the Judicial System of England and Wales?

Introduction

I am Stevie, the founder of BundleCreator. Most of our users prepare bundles for tribunals, not courts. Yet when I speak to people — parents, employees, tenants, benefit claimants — many are not entirely sure what a tribunal is, how it differs from a court, or why the distinction matters.

This is not surprising. The tribunal system in England and Wales is enormous. It handles more cases each year than many people realise, and it touches areas of life that affect almost everyone: employment rights, disability benefits, immigration status, education provision, tax disputes, and housing conditions.

This guide explains what tribunals are, how they are structured, why they exist separately from the courts, and what the practical differences mean if you find yourself preparing for a hearing.

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What Is a Tribunal?

A tribunal is a judicial body established by Parliament to resolve specific types of dispute. The word itself comes from the Latin tribunus — a magistrate appointed to protect the rights of ordinary citizens against the power of the state.

That origin captures something important about how tribunals work today. Most tribunal cases involve an individual challenging a decision made by a government body: the Department for Work and Pensions, His Majesty's Revenue and Customs, the Home Office, a local authority, or an employer. The tribunal exists to provide an independent, accessible forum for reviewing those decisions.

Tribunals are administered by His Majesty's Courts and Tribunals Service (HMCTS), the same body that runs the courts. Tribunal judges are appointed through the same independent process as court judges. Tribunal decisions are legally binding and enforceable. In every meaningful sense, a tribunal is a court — it simply operates under a different name, with different procedures, and with a deliberate emphasis on being accessible to people who do not have lawyers.

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How Tribunals Differ from Courts

The differences are practical, not constitutional. Both tribunals and courts are part of the same judicial system. Both apply the law. Both are presided over by qualified judges. But the way they operate day to day is noticeably different.

The Costs Rule

This is perhaps the single most important practical difference. In the civil courts, if you lose, you may be ordered to pay the other side's legal costs — which can run to tens of thousands of pounds. In most tribunals, there is no costs risk. Each party pays their own costs regardless of the outcome. This makes tribunals significantly less risky for individuals who want to challenge a government decision but cannot afford the financial exposure of losing a court case.

The main exception is the Employment Tribunal, where costs orders can be made — but only in limited circumstances, such as where a party has acted vexatiously or unreasonably.

The Panel

In many tribunals, the judge does not sit alone. In the Social Security and Child Support Tribunal, the panel typically includes a medical member alongside the judge. In the SEND Tribunal, a specialist member with experience in special educational needs sits with the judge. In the Employment Tribunal, the judge is flanked by a member with employer experience and a member with employee experience.

This panel structure means that the decision-maker has specialist expertise in the subject matter of the dispute — something that is rare in the generalist courts.

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The Structure of the Tribunal System

The modern tribunal system was created by the Tribunals, Courts and Enforcement Act 2007, following the Leggatt Review of 2001. Sir Andrew Leggatt recommended that the patchwork of over 70 separate tribunals should be unified into a single, coherent system. The result was a two-tier structure.

First-tier Tribunal

The First-tier Tribunal hears cases at first instance — that is, it is the first tribunal to consider your appeal. It is divided into seven chambers, each covering a different area of law:

Upper Tribunal

The Upper Tribunal hears appeals from the First-tier Tribunal. It is a superior court of record — which means its decisions create binding legal precedent, just like High Court judgments. It has four chambers:

The Upper Tribunal also has a judicial review jurisdiction, which means it can review the lawfulness of government decisions in certain areas — a function traditionally performed by the High Court.

Employment Tribunals

Employment Tribunals sit outside the First-tier/Upper Tribunal structure. They have their own rules and their own appeal route — the Employment Appeal Tribunal (EAT), which then feeds into the Court of Appeal and ultimately the Supreme Court.

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The Numbers: How Big Is the Tribunal System?

The scale of the tribunal system is striking. According to the Ministry of Justice's Tribunal Statistics Quarterly reports, here is where things stood in 2024/25:

By the end of Q2 2025/26, the total open tribunal caseload had risen to 795,000 — a record high.

These numbers dwarf many areas of the court system. The tribunal system is not a minor annex to the courts. For millions of people, it is the part of the justice system they are most likely to encounter.

SEND Tribunal: A Case Study in Growth

SEND Tribunal appeals have increased for nine consecutive years. In 2024/25, HMCTS recorded 20,000 outcomes in SEND appeals — a 19% increase on the previous year. Of those outcomes, 71% (14,000) were decided by the tribunal rather than settled beforehand. And of the cases decided, 99% were found in favour of the appellant.

That statistic — 99% success rate at hearing — is remarkable. It suggests that many local authorities are making decisions that cannot withstand independent scrutiny, and that parents who persist through the appeal process are overwhelmingly vindicated.

Immigration and Asylum: The Fastest-Growing Caseload

The First-tier Tribunal (Immigration and Asylum Chamber) has seen the most dramatic growth. Receipts increased by 36% in 2024/25 to 79,000, while disposals increased by only 4%. The result: an open caseload that grew by 80% in a single year, reaching 90,000 by March 2025. By Q2 2025/26, receipts had increased by a further 123% compared to the same quarter in 2024.

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Why Do Tribunals Exist Separately from Courts?

The short answer is accessibility. Courts evolved over centuries to handle disputes between private parties (civil courts) and prosecutions by the state (criminal courts). Their procedures, language, and culture were shaped by and for lawyers.

Tribunals were created to handle a different kind of dispute: the individual versus the state. When Parliament gave government departments the power to make decisions about people's benefits, immigration status, tax liabilities, or children's education, it recognised that those decisions needed an independent review mechanism — one that ordinary people could use without hiring a solicitor.

The Leggatt Review put it directly: tribunals should be "for users." That phrase shaped the 2007 Act and continues to guide how tribunals operate:

• Judges actively assist unrepresented parties. Unlike in court, where the judge is a neutral umpire, tribunal judges often guide litigants in person through procedures, explain what evidence is needed, and ensure that both sides have a fair hearing.
• Rules of evidence are relaxed. Tribunals can admit evidence that would not be admissible in a civil court. This is explicitly stated in the tribunal rules for employment, immigration, SEND, and property proceedings.
• Procedures are proportionate. A SEND Tribunal appeal does not require the same procedural machinery as a High Court commercial dispute. The rules reflect this.

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The Courts and Tribunals Bill 2024-26

The boundary between courts and tribunals is narrowing. The Courts and Tribunals Bill, currently before Parliament, proposes to bring the Senior President of Tribunals — who heads the tribunal judiciary — within the unified judicial leadership structure headed by the Lord Chief Justice. This is part of the "One Judiciary" programme, which aims to create a single, cohesive judiciary across courts and tribunals.

The Bill also places the use of remote hearings (video and audio) on a permanent statutory footing and provides a framework for electronic filing and digital case management. Both courts and tribunals will benefit from these reforms.

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What Happens at a Tribunal Hearing?

If you have never attended a tribunal hearing, here is what to expect:

1. Before the hearing: You submit your appeal and supporting documents in a bundle. The other party (usually a government department or employer) submits their response and evidence. Both sides exchange documents well before the hearing date.

2. The hearing room: Tribunal hearings take place in dedicated tribunal centres, not in traditional courthouses (though some share buildings). The room is typically a conference-style layout, not a courtroom with a dock and public gallery. There are no wigs or gowns.

3. The panel: You will face a judge, often sitting with one or two specialist members. They will have read your bundle before the hearing.

4. The process: The judge may ask you to summarise your case. Witnesses give evidence and are asked questions. The other party presents their case. The judge may ask questions of both sides. The hearing is less adversarial than a court trial — the panel is actively trying to understand the facts and reach the right decision.

5. The decision: Some tribunals give their decision on the day. Others reserve judgment and send a written decision days or weeks later. The decision is legally binding.

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Preparing Your Tribunal Bundle

Every tribunal requires both parties to prepare a bundle of documents for the hearing. The bundle is the single most important piece of preparation you will do. It is the file the judge reads before, during, and after the hearing.

Bundle requirements vary by tribunal:

• SEND Tribunal: Practice Direction No. 1 of 2025 sets specific page limits for each section
• Employment Tribunal: Bundles should be agreed between the parties and paginated sequentially
• Immigration Tribunal: The appellant's bundle must be served at least 5 working days before the hearing
• Social Security Tribunal: The DWP submits its response bundle; the appellant can submit additional evidence

Regardless of the tribunal, every bundle should be paginated, indexed, and organised logically. If the judge cannot find a document quickly, it may as well not exist.

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Frequently Asked Questions

Do I need a lawyer for a tribunal hearing?

No. Tribunals are designed to be accessible without legal representation, and many appellants represent themselves successfully. However, the complexity varies. A straightforward PIP appeal may be manageable without a lawyer. An immigration appeal involving Article 8 human rights arguments, or a SEND appeal with multiple expert reports, is significantly more complex. Free legal advice is available from Citizens Advice, law centres, and specialist charities.

How much does it cost to appeal to a tribunal?

Most tribunal appeals are free. There is no fee to appeal to the SEND Tribunal, the Social Security Tribunal, or the Immigration Tribunal. Employment Tribunal fees were abolished in 2017 following the Supreme Court decision in R (UNISON) v Lord Chancellor [2017] UKSC 51.

How long does a tribunal case take?

It varies enormously by tribunal and complexity. A Social Security Tribunal appeal might take 3 to 6 months from lodging to hearing. A SEND Tribunal appeal typically takes 4 to 6 months. Employment Tribunal cases can take 6 to 12 months or longer. Immigration and asylum cases face the longest delays, with some waiting over a year.

Can I appeal a tribunal decision?

Yes. Appeals from the First-tier Tribunal go to the Upper Tribunal, but only on a point of law — you cannot simply appeal because you disagree with the outcome. You need permission to appeal, and you must show that the First-tier Tribunal made a legal error (for example, misapplied the law, failed to give adequate reasons, or acted unfairly).

What is the difference between the First-tier Tribunal and the Upper Tribunal?

The First-tier Tribunal hears cases at first instance — your initial appeal. The Upper Tribunal hears appeals from the First-tier Tribunal and acts as a superior court of record, meaning its decisions create binding precedent. Think of it as the tribunal equivalent of the High Court.

Are tribunal hearings public?

Most tribunal hearings are held in public, just like court hearings. There are exceptions — mental health tribunal hearings and some SEND hearings are held in private to protect the individuals involved.

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Official Resources

• Tribunal Statistics Quarterly — Ministry of Justice — Latest caseload data
• Structure of Courts and Tribunals — Judiciary.uk — Official structure diagram
• About the Tribunals — Judiciary.uk — Overview from the judiciary
• Courts and Tribunals Bill Factsheet — GOV.UK — Current reform proposals
• Tribunals, Courts and Enforcement Act 2007 — The statute that created the modern tribunal system
• Justice Data Portal — Interactive tribunal data

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What to Do Next

If you are preparing for a tribunal hearing, your bundle is the most important thing you will produce. Start your 14-day free trial with BundleCreator — we have dedicated templates for SEND, employment, immigration, property, and other tribunal types, with documents preloaded and page limits enforced automatically.

Already know which tribunal you need? Browse our practice areas to find the right bundle template.

Need a single bundle? Pay just £12 — no subscription required.

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This article is for general informational purposes only and does not constitute legal advice. Tribunal rules and procedures can change. Always check the current rules applicable to your specific tribunal, and consider seeking advice from a qualified legal professional or free advice service such as Citizens Advice or your local law centre. Statistics are sourced from the Ministry of Justice Tribunal Statistics Quarterly publications for 2024/25 and Q2 2025/26.

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Further Reading

• Court Bundle Preparation for Self-Represented Litigants — Step-by-step guide to preparing your first bundle
• How Practice Directions Differ Across UK Legal Arenas — Understanding the rules for different courts and tribunals
• Video Evidence in Courts and Tribunals — How to submit video evidence across all jurisdictions
• What Is a UK Legal Bundle? — The definitive guide to court bundles