The tribunal’s statement of reasons (see Chapter 55(17) ) must set out clearly what it decided and why. If you had put forward specific arguments, the statement must show clearly how the tribunal dealt with them. It must also show that the tribunal understood and correctly applied the relevant law. If the statement is not clear on any of the above, this may amount to an error of law.

Identifying an error of law is essential if you wish to appeal to the Upper Tribunal from a First-tier Tribunal decision. It will also be helpful if you want to challenge other decisions on grounds of error of law or official error (‘Ground 2’ and ‘Ground 4’ in Box N.7 ).

Several Commissioners’ decisions, including R(A)1/72 , R(IS)11/99 and R(I)2/06 , set out what might constitute an error of law. A decision might be wrong in law if any of the following apply: