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

• Practice Statement from the SPT: delegation of judicial functions in the HESC Chamber (Mental Health) – 12 December 2025
  This concerns the delegation of functions to Registrars, Legal Officers and authorised tribunal staff on or after 12 December 2025 in the First-tier Tribunal – Health, Education and Social Care Chamber (Mental Health)
• Practice Guidance No 2 of 2025 – Procedure for handling representations from victims in the Mental Health jurisdiction (HESC)
  Guidance on managing, among other things, representations from victims, applications to read victim impact statements, and applications from victims to attend hearings and obtain reasons for decisions.
• Presidential Practice Guidance No1 of 2025
  This Presidential Practice Guidance (PDF) is on the procedure for the preparation of appeal and claims in the Special Educational Needs and Disability, and Disability Discrimination in Schools Jurisdictions, of the Health, Education and Social Care Chamber.
• Practice Direction: Preparation of hearing bundles in the First-tier Tribunal, Health, Education and Social Care (HESC)
  The Senior President of Tribunals, with the approval of the Lord Chancellor, has issued a practice direction (PDF) for the preparation of hearing bundles in the special educational needs and disability discrimination jurisdictions of the Health, Education and Social Care Chamber of the First-tier Tribunal.
  The practice direction is directed towards parties, judicial office holders, professional advisers, representatives, local authority and responsible body staff, and other interested persons.
• 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.
• 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)