Forms & Guidance

Who can appeal?

As listed in Schedule 1C of the Charities Act 1993, organisations and individuals can:-

a) Appeal to the Charity Tribunal against a decision of the Charity Commission ;
b) Apply for a review of a decision of the Charity Commission.

Appellants will need to apply in writing. You can use the notice of appeal form .You can download a copy of the notice of appeal form from this site or, alternatively, you can contact us and we will arrange for a copy to be sent to you.

Charity Tribunal
Tribunals Operational Support Centre
PO Box 6987
Leicester
LE1 6ZX
Telephone: 0845 6000 877
Fax: 0116 294 4253

Charity Tribunal Explanatory Leaflet (61kb)

Notice of Appeal Form

To make an appeal/application to the Charity Tribunal you must apply in writing. You can use the Notice of Appeal Form. If you do not use the Notice of Appeal Form, your written application must contain all the required information as contained in Rule 17 of the Charity Tribunal Rules 2008.

Charity Tribunal Notice of Appeal Form (58 kb)

Send the completed Notice of Appeal form to:

Charity Tribunal
Tribunals Operational Support Centre
PO Box 6987
Leicester
LE1 6ZX

Fax: 0116 294 4253
Email: completed form with an electronic signature to: Charity Tribunal

Guidance on completing the Notice of Appeal Form

Guide to completing Notice of Appeal Form (97kb)

Time limits and 'Out of Time' applications

An appeal to the Charity Tribunal must be made within 42 days of the Charity Commission's final decision or within 42 days of the final decision being published on the Charity Commission’s website. An appeal to the Tribunal will be 'out of time' if it is not made within 42 days of the Charity Commission's final decision. If you are making an appeal outside of the time limit you must include reasons for the delay in the Notice of Appeal Form, which will be considered by the Tribunal.

If the Tribunal refuse to allow an appeal / application to be made after the time limit has expired then you may appeal to the High Court in England and Wales for a Judicial Review of the Tribunal's decision.

Business process-receipt of Notice of Appeal/ Application

On receipt of your Notice of Appeal we will review the papers and, if we believe that additional information is required, will write to tell you what other evidence/supporting documents you need to provide.

We will notify the Charity Commission to file with the Tribunal, within 28 days, a Commission’s response in support of its decision. The Commission will copy this information to you.

You will have 28 days to respond to the Tribunal. Once we have collected all the evidence we will case manage your appeal to ensure it is ready for Tribunal hearing. It may be referred for judicial direction.

The judiciary may ask for more evidence - if they do, we will write to tell you what additional information you need to send us.

The judiciary may decide to hold a Preliminary Hearing to resolve any outstanding issues. A Preliminary Hearing is not the full hearing of an appeal, although a Chairperson may sometimes allow or dismiss an appeal.

The judiciary may decide to hold a Pre-Hearing Review to enable the Tribunal to issue appropriate directions to parties to ensure that the Tribunal has before it everything necessary to make a decision at the full hearing.

At this, or any stage before the full hearing, if both parties agree the Tribunal may decide to determine the appeal on the papers without holding a full hearing.

Notice of a hearing will be sent to you in advance by post. It will have further information about what you may need to provide in advance of the hearing and what will happen at the hearing.

In the event that a full hearing is to be held, you will get at least 28 days written notification of the date, time and place of the hearing. You will be sent a guide to the hearing centre where your appeal will be heard.

The Tribunal Chairperson may deliver their decision orally at the end of the hearing or in writing at a later date. Even where the Tribunal has delivered an oral decision, parties will also get a written decision sent to them.

Appealing against Tribunal Decisions

If you think the Tribunal has made the wrong decision as a result of an administrative error you can apply to the Tribunal asking it to review its decision. You must make any such application to the Tribunal immediately after your hearing, or within 14 days of the Tribunal's written decision. Your application for review will be referred to a judicial member for consideration and, if the Tribunal decides to review the decision, the original decision may be overruled. A new decision may then be substituted or a re-hearing scheduled.

Tribunal Review form (49kb)

Application to the Tribunal for permission to appeal to the High Court

If you consider the Tribunal's decision to be wrong on a point of law you have a right of appeal to the High Court (in England and Wales). You must apply to the Tribunal first to seek permission to appeal the Tribunal's decision to the High Court .You may make an oral application immediately following the announcement of the decision by the Tribunal or, if you are making an application after receiving the Tribunals written decision then you must make your application in writing to the Tribunal within 28 days of receiving the written decision.

Application for Tribunal permission to Appeal to High Court (97kb)

The hearing

The Tribunal's hearings are open to the general public. The parties to the appeal may appear in person or be represented by someone authorised by them to appear on their behalf. The Tribunal hearing is held before a panel of up to three members.

The Tribunal hearing is held in Tribunals Service facilities. A Notice of Hearing will be sent by post in advance to the parties. It will provide details about the hearing. It will also set out any further information you may need to provide to the hearing centre.

If you require an interpreter or signer please ensure that you indicate this in section 10 of the appeal / application form. If the need for these services should arise after submitting the application form, please advise the Tribunal in writing as soon as you become aware. This will enable the Tribunal to make the necessary arrangements without delays to the process.

At the hearing, you may give evidence, call witnesses, and you or your representative may question witnesses.

At the end of the hearing, the panel may either give the decision orally on the day and confirm it with a written decision later, or the panel may reserve its decision and inform the parties later in a written decision, sent out by post.

If you think the Tribunal has made the wrong decision as a result of an error by Tribunal staff or if there is new evidence available following the conclusion of the hearing, the existence of which could not have been reasonably known or foreseen, you can apply to the Tribunal asking it to review its decision. Alternatively, you may be able to appeal to the High Court (in England and Wales). You must apply to the Tribunal first for permission to appeal to the High Court.

Legal support

The following organisation maybe able to provide you with help on your case. Please note, however, that the Charity Tribunal does not endorse, and cannot recommend any particular organisation. It is a matter for you whether or not to seek any advice from them or to accept it, if offered. The Bar Pro Bono Unit is a national charity matching barristers prepared to undertake pro-bono work with those who need their help. You can make contact by visiting their website at Bar Pro Bono Unit or view further details.

Bar Pro Bono Charity Tribunal Flier (97kb)

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