[Solved] CMS Tribunal sham

The latest saga of this shambolic saga rumbles on:

Today I learnt from the CMS that the HMCTS had held another Tribunal - but this time......without actually informing me!

Other than a letter asking me whether I wanted to keep my address confidential (received only a few weeks ago) that's the only piece of correspondence I've had from them. Zero chance to put my case forward whatsoever or even actually attend!

I think that this is a). incredulous & b). grossly incompetent.The Judge who dealt with the last Tribunal wasn't the sharpest tool in the box and managed to take 4 attempts to get the decision drafted correctly (simple typos and getting each party muddled up - obviously very complex things).

I intend to take this to my MP and will enjoy watching the aftermath of their colossal [censored] up but does anyone else have experience of this type of mystical behaviour on the part of HMCTS or can advise a course of action?

Thanks in advance.

The latest saga of this shambolic saga rumbles on:

Today I learnt from the CMS that the HMCTS had held another Tribunal - but this time......without actually informing me!

Other than a letter asking me whether I wanted to keep my address confidential (received only a few weeks ago) that's the only piece of correspondence I've had from them. Zero chance to put my case forward whatsoever or even actually attend!

I think that this is a). incredulous & b). grossly incompetent.The Judge who dealt with the last Tribunal wasn't the sharpest tool in the box and managed to take 4 attempts to get the decision drafted correctly (simple typos and getting each party muddled up - obviously very complex things).

I intend to take this to my MP and will enjoy watching the aftermath of their colossal [censored] up but does anyone else have experience of this type of mystical behaviour on the part of HMCTS or can advise a course of action?

Thanks in advance.

Adamski,

Unfortunately my experience of the tribunal process has been much the same as yours so far (still ongoing - over a year now)! The 1st tier tribunal was very biased in favour of the receiving parent. The supposed judge basically seemed to act on my ex behalf rather than independently. She was a “Ms” so presumably a man hating divorcee herself.

Was the most recent tribunal a first tier tribunal or an upper tier tribunal decision?

If it was a first tier tribunal then you can appeal to the upper tier tribunal if you are unhappy with the decision.

1st thing to do is ask the 1st tier tribunal for a statement of reasons. Once you receive this you can then review the paperwork and, if it looks like there is an error, you write back to the 1st tier tribunal and ask for permission to appeal. From my research into this it seems like they almost always say no.

Don’t let that put you off. Next step is to write to the upper tier tribunal and ask them for permission to appeal. You need to have a valid reason such as the law has been applied incorrectly.

There is strict time limits on all of this though so jump on this straight away or you will lose your rights to appeal.

I genuinely don’t think your MP will get involved in a matter of the judiciary. They won’t have the power to over turn the decision. If you want to involve them that’s fine but please do so after you follow the ‘official’ appeal process.

I’m not an expert but I am going through the process just now so I may be able to help if you want to DM me?

I’m at the stage where I have successfully appealed 1st tier tribunal directly to upper tier tribunal and now awaiting a further tribunal. Probably have a few more months to wait.

In your email you say:

1st thing to do is ask the 1st tier tribunal for a statement of reasons.

How do you go about this, who do you write to?  I only have a letter from CMS saying decision made, no details about appeal.

there is good info here about appeals https://nacsa.co.uk/appeals-tribunals