Official Statistics

Tribunal Statistics Quarterly: January to March 2023

Updated 27 September 2023

1. Main Points

This publication presents tribunals statistics for the latest quarter (January to March, Q4 2022/23), compared to the same quarter of the previous year, alongside the annual data for 2022/23.

This publication does not include receipt, disposal and open caseload figures for the Upper Tribunal Immigration and Asylum Chamber (UTIAC) due to this tribunal being migrated to new case management systems. The data will be made available as soon as possible, and once the data is quality assured. The total of the remaining jurisdictions is referred to in this publication and accompanying tables as the ‘Interim Total’ and has been provided to allow like-for-like comparisons over time.

Missing Employment Tribunals (ET) data for 2021/22 has caused a break in series for the tribunals and consequently the Overall Tribunals for that year. In these cases, we have used figures from 2020/21 to provide annual comparisons.

Annual and quarterly Interim[footnote 1] totals for receipts, disposals and open caseload have all increased when compared to 2020/21 financial year and to the previous quarter in Q4 2021/22.	His Majesty’s Courts & Tribunals Service (HMCTS) recorded 350,000 and 298,000 in interim[footnote 1] total for receipts and disposals respectively in the 2022/23 financial year, with 651,000 open caseload at the end of that period. Compared to 2020/21 the interim[footnote 1] totals for receipts and disposals, increased by 16%, 13%, and open caseload increased by 5%.
SSCS receipts, disposals and open caseload all increased in the financial year and when compared to the equivalent quarter in the previous year.	In 2022/23, Social Security and Child Support (SSCS) receipts, disposals and open caseload increased (by 43%, 28% and 43% respectively) when compared to 2021/22). This increase in receipts was driven by increases in Personal Independence Payment (57%) and Universal Credit (42%). The increase in disposals was also driven by increases in Personal Independence Payment (34%) and Universal Credit (50%).
FTTIAC receipts and disposals decreased, while open caseload increased.	FTTIAC receipts and disposals both decreased by 5% in 2022/23 compared to 2021/22. Open caseload increased by 8% in the same period.
Single and multiple ET claims[footnote 2] received increased	Single Employment Tribunal (ET) receipts and disposals increased by 5% and 14% respectively, while open caseload decreased 4% in Q4 2022/23 compared to the same period a year ago. For Multiple ET, there was a 39% and 3% increase in receipts and open caseload, while disposals decreased by 11%.
Gender Recognition Certificates	In 2022/23 there were 1,240 Gender Recognition Panel (GRP) applications received, 945 disposals and 714 cases outstanding. GRP applications actions all increased by 55%, 76% and 69% respectively when compared to 2021/22.)
Adjournments decreased and postponements increased	In 2022/23, the adjournments reported on decreased by 12%, compared to 2021/22, driven by SSCS, which makes up most of the adjournments (74%). Postponements increased 9% in the same period.)

For feedback related to the content of this publication, please contact us at CAJS@justice.gov.uk

2. Statistician’s Comment

In 2022/23 receipts (based on the interim total) were 350,000 and disposals interim totalled 298,000, continuing their upward trajectory at the end of the financial year. Judicial sittings increased at a slower rate in this period leading to an increase in open caseload.

SSCS receipts and disposals have increased significantly in the last year by 43% and 28% respectively and show an upward trend however they remain below pandemic levels. The increases in receipts have primarily been driven by an uplift in Personal Independence Payment, which makes up the bulk of receipts and disposals (67% and 65% respectively).

SEND tribunals have followed a similar trend. Receipts are the highest they have ever been with another large annual increase; disposals, also the highest ever, haven’t gone up commensurately which means open caseload is also at its highest.

The Gender recognition panel had its highest sittings this financial year. Applications received and disposed of in 2022/23 was the highest number in the last decade. However open caseload has nearly doubled in a year due to existing backlogs.

Both receipts and disposals in the Immigration and Asylum chamber dropped by 5% compared to the previous financial year. In contrast since January to March 2023, receipts have increased by 43% when compared to the equivalent quarter last year likely due to the measures in the Illegal Migration Bill introduced in March 2023. We expect this trend to continue in both the First-tier and, especially, the Upper Tribunals.

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3. Overview of Tribunals

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In 2022/23 receipts interim^{[footnote 1]} total was 350,000 and disposals interim^{[footnote 1]} total was 298,000

HMCTS recorded increases across all case types: 16%, 13% and 5% respectively for interim^{[footnote 1]} total receipts, disposals and open caseload, when compared to the financial year 2020/21.

This quarter, receipts interim^{[footnote 1]} total was 95,000 and disposals interim^{[footnote 1]} total was 84,000

In January to March 2023, there was a 24% increase in the interim1 total for receipts, and a 16% increase in the interim^{[footnote 1]} totals for disposals, when compared to the same quarter in 2022. Open caseload interim^{[footnote 1]} total also increased by 9%, to 651,000, at the end of March 2023.

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This publication does not include Upper Tribunal (Immigration and Asylum Chamber) data since Q2 of 2021/22 and Employment Tribunals data for Q1 2021/22 due to database migration as stated above. The total of the remaining jurisdictions is referred to in this publication and accompanying tables as the ‘Interim Total’ and has been provided to allow consistent year-on-year comparisons over time.

This summary bulletin focuses mainly on the Social Security and Child Support (SSCS) Tribunal, the First-tier Tribunal Immigration and Asylum Chamber (FTTIAC), and the Employment Tribunal as they made up the majority (73%) of tribunal interim^{[footnote 1]} receipts in January to March 2023:

• Social Security and Child Support (SSCS) - 37% of receipts
• Employment Tribunal (ET) - 24% of receipts
• First-tier tribunal Immigration and Asylum Chamber (FTTIAC) - 12% of receipts

Figure 3.1: Receipts interim totals, Q4 2018/19 to Q4 2022/23 (Source: Table S_2)

Figure 3.2: Disposals interim totals, Q4 2018/19 to Q4 2022/23 (Source: Table S_3)

Figure 3.3: Open caseload^{[footnote 3]} interim totals, Q4 2018/19 to Q4 2022/23 (Source: Table S_4)

The charts above show the trends in receipts, disposals, and open caseload over the last five years for SSCS, FTTIAC, ET, and all tribunals overall (using the Interim^{[footnote 1]} Total measure).

In January to March 2023, overall interim^{[footnote 1]} receipts increased by 24% compared to January to March 2022. This was driven by increases in First-tier Tax Chamber and multiple Employment Tribunal (by 179% and 39% respectively).

Overall interim^{[footnote 1]} disposals increased by 16% in January to March 2023 (to 84,000). The FTTIAC disposed of 13% less cases in Q4 2022/23 compared to Q4 2021/22. SSCS disposals increased by 60% over the same period.

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4. Social Security and Child Support

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SSCS receipts, disposals and open caseload all increased in 2022/23 compared to the previous financial year

In 2022/23, Social Security and Child Support (SSCS) receipts, disposals and open caseload increased by 43%, 28% and 43% respectively.

Of the 117,000 disposals in 2022/23, 68% were cleared at a hearing and of these, 62% had the initial decision revised in favour of the claimant (up from 62% and 61% in 2021/22).

Compared to the same quarter in 2022, Social Security and Child Support (SSCS) receipts, disposals and open caseload all increased by 13%, 60% and 43% respectively.

In January to March 2023, 72% of disposals were cleared at hearing with a 62% overturn rate.

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Figure 4.1: Social Security and Child Support receipts, Q4 2018/19 to Q4 2022/23 (Source: Tables SSCS_1)

Figure 4.2: Social Security and Child Support disposals, Q4 2018/19 to Q4 2022/23 (Source: Tables SSCS_2)

Figure 4.3: Social Security and Child Support open caseload, Q4 2018/19 to Q4 2022/23 (Source: Tables S_4)

The economic impact of the COVID-19 pandemic resulted in an increase in the number of people on Universal Credit^{[footnote 4]} as the employment rate decreased and economic inactivity increased. The Department for Work and Pensions (DWP) changes to benefit processes in response to the pandemic, such as the temporary suspension of face-to-face assessments for health and disability-related benefits, contributed to the general downward trend in receipts seen during the pandemic. However, as the policies put in place due to COVID-19 came to an end and restrictions were eased, we are now seeing SSCS receipts increasing significantly since Q2 2021/22 and although they are still below pre-Covid19 levels we expect a return to pre-Covid levels.

In 2022/23, there were 136,000 SSCS receipts, an increase of 43% compared to 2021/22. Over the same period, disposals increased by 28% to 117,000 in 2022/23. Open caseload stood at 68,000 at the end of the 2022/23 financial year (March 2023), an increase of 43% compared to the end of the previous financial year.

SSCS receipts increased by 13% this quarter, to 35,000 appeals, compared to January to March 2022. This was driven by increases in Universal Credit and Personal Independence Payment (by 65% and 5% respectively). PIP and UC appeals accounted for 62% and 23% respectively of all SSCS receipts in January to March 2023.

In January to March 2023, SSCS disposals increased by 60% when compared to the same period in 2022 (from 22,000 in Q4 2021/22 to 35,000 in Q4 2022/23). PIP made up two thirds of SSCS disposals (67%).

Of the disposals made by the SSCS tribunal, 25,000 (72%) were cleared at hearing, and of these, 62% were overturned in favour of the customer (up from 58% and down from 64% on the same period in 2022 respectively). This overturn rate varied by benefit type, with PIP at 68%, Disability Living Allowance (DLA) 59%, Employment Support Allowance (ESA) 50%, and UC 53%. The PIP, DLA, ESA and UC overturn rates mostly decreased compared with January to March 2022 (PIP down 4, DLA down 4, ESA down 12 and UC down 2 percentage points).

There were 68,000 SSCS cases outstanding at the end of March 2023, an increase of 43% compared to the same period in 2022. Since Q4 2017/18, open caseload had been gradually decreasing (from a peak of 125,000). 2019/20. However, SSCS open caseload has started to rise again, increasing in every quarter since Q2 2021/22.

Of those cases disposed of by the SSCS tribunal in January to March 2023, the mean age of a case at disposal was 26 weeks, an - which has not changed compared to the same period in 2022 (see tables T_2).

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5. Immigration and Asylum

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First-tier Tribunal Immigration and Asylum Chamber (FTTIAC)

In 2022/23, FTTIAC receipts decreased by 5% to 38,000, compared to 2021/22. Disposals decreased by 5% (to 38,000), over the same period.

In January to March 2023, FTTIAC receipts increased by 43% to 11,000, compared to Q4 2021/22. Disposals decreased by 13% (to 11,000), over the same period.

In the same period, open caseload increased by 8% (to 31,000).

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Figure 5.1: First-tier Tribunal Immigration and Asylum Chamber receipts, Q4 2018/19 to Q4 2022/23 (Source: Tables FIA_1)

Figure 5.2: First-tier Tribunal Immigration and Asylum Chamber disposals, Q4 2018/19 to Q4 2022/23 (Source: Tables FIA_2)

Figure 5.3: First-tier Tribunal Immigration and Asylum Chamber open caseload, Q4 2018/19 to Q4 2022/23 (Source: Tables S_4)

Following on from a steep fall in 2020/21 due to the impact of the pandemic, FTTIAC receipts started to return to pre-Covid19 levels over the course of 2021/22. In 2022/23, FTTIAC receipts decreased 5% (to 38,000) compared to 2021/22.However, receipts have increased this quarter by 43% (to 11,000) when compared to the same period last year.

The proportion of EEA/EUSS receipts has been increasing steadily since the EUSS route closed in June 2021. Applicants with reasonable grounds can still make submissions, more information on this can be found at: Rights of EU and EEA citizens – GOV.UK (www.gov.uk) (URL: https://www.gov.uk/entering-staying-uk/rights-eu-eea-citizens). The EEA/EUSS receipts now make up 33% of all FTTIAC receipts. In January to March 2023, there were 3,700 EEA/EUSS receipts, an increase of 1% compared to the same period last year. Overall, in the financial year 2022/23, there was a total of 14,000 EEA/EUSS receipts, a 26% decrease from 2021/22, but still the second highest number of receipts since reporting began in 2015/16.

In the 2022/23 financial year, there were 15,200 Human Rights (HR) and 8,000 Asylum/Protection (AP) receipts, an increase of 17% and 13% respectively compared to 2021/22. HR and AP proportionally represented 40% and 21% of all FTTIAC receipts respectively (up 8 and down 3 percentage points respectively from a year ago).

For the quarter to quarter comparison, Human Rights (HR) receipts increased by 96% to 5,200 and Asylum/Protection (AP) receipts increased by 60%(to 2,300) when compared to the same period in Q4 2021/22. HR and AP proportionally represented 46% and 21% of all FTTIAC receipts respectively (up 12 and up 2 percentage points respectively from a year ago).

In 2022/23 FTTIAC disposals decreased 5% to 38,000. Of these, 11,000 were disposed of in January to March, a 13% decrease compared to the same period in 2021/22. This fall in disposals was driven by decreases in EEA Free Movement and Asylum/Protection/Revocation of Protection (by 36% and 45% respectively). EEA appeals made up the largest proportion (41%) of all FTTIAC disposals in January to March 2023, down from 55% a year ago.

Of the disposals made in the FTTIAC this quarter, 73% were determined i.e. a decision was made by a judge at a hearing or on the papers (compared to 71% in Q4 2021/22); 15% were withdrawn (compared to 15% in Q4 2021/22); 3% were struck out for non-payment of the appeal fee (compared to 4% in Q4 2021/22), and 3% were invalid or out of time (compared to 2% in Q4 2021/22). Around half (50%) of the 7,700 cases determined at a hearing or on the papers were allowed/granted, although this varied by case type (51% of Asylum/Protection, 52% of Human Rights and 48% of EEA Free Movement appeals were allowed/granted).

In the FTTIAC, the mean time taken to clear appeals across all categories is at 44 weeks this quarter, which is 2 weeks more than compared to the same period a year ago. Asylum/Protection, Human Rights and EEA Free Movement had mean times taken of 52 weeks, 46 weeks and 37 weeks respectively.

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Upper Tribunal Immigration and Asylum Chamber (UTIAC)

In 2022/23 UTIAC Judicial Review receipts increased by 22%, to 2,300, compared to the same period a year ago. Disposals increased by 37% to 2,700 whilst open caseload rose by 69%, to 1,100, compared to 2021/22.

In Q4 2022/23 UTIAC Judicial Review receipts increased by 42%, to 620, compared to the same period a year ago. Disposals increased by 24% to 710 whilst open caseload rose by 69%, to 1,100, compared to January to March 2022.

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UTIAC Immigration and Asylum Judicial Reviews

In January to March 2023, there were 620 Immigration and Asylum Judicial Review receipts and 710 disposals, an increase of 42% and an increase of 24% respectively on January to March 2022.

Of the 710 Immigration and Asylum Judicial Reviews disposed of 49% were determined and 1% were transferred to the Administrative Court. The remaining 50% were in the ‘Other’ category, which includes cases that were withdrawn or not served.

During January to March 2023, 380 UTIAC Judicial Review applications were determined by paper hearing, of which 12% were allowed to continue to the substantive hearing stage. A further 27 were reconsidered at an oral renewal, of which 89% were allowed to continue to the substantive hearing stage. There were 20 substantive hearings which were determined in January to March 2023 of which 30% were granted in favour of the appellant (see table UIA_3).

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6. Employment Tribunals

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Employment Tribunal single cases

In Q4 2023, the Employment Tribunal received 8,100 single claim receipts and disposed of 9,000 single claim cases. There were 37,000 single claim open cases at the end of March.

Employment Tribunal multiple cases

This quarter there were 15,000 Multiple claim receipts, 11,000 disposals and open caseload stood at 440,000 at the end of March.

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Employment Tribunals transitioned to a new case management system (Reform ECM) from Employment Case Management in September 2022. It has not been possible to provide full results from both databases during this migration period on a consistent basis. Cases in the new system are not included in the statistics.

Employment Tribunal (ET) data is not available for Q1 2021/22, and as a result we are unable to present data for the full financial year of 2021/22. The data is still subject to checks, but there is increasing confidence in the numbers for receipts, disposals and caseloads outstanding which we present in this report.

Jurisdictional breakdowns for disposals, timeliness and outcome data are still undergoing more rigorous checks and will not be presented until the checks are complete. In addition, because of the operational differences between ECM and the previous database (ETHOS), caution should be exercised when making comparisons in the statistical results before and after migration.

In Q4 2022/23, there were 23,000 Employment Tribunals (ET) receipts, 36% (8,100) of which were single claims receipts, and the remaining 64% (15,000) were multiple claims receipts. The ET disposed of 20,000 cases in Q4 2022/23. At the end of the financial year, 477,000 cases were outstanding.

Figure 6.1: Index of Employment Tribunals single and multiple claim receipts, Q4 2018/19 to Q4 2022/23 (Source: Tables S_2)

• Baseline 2018/19 Q4

Figure 6.2: Index of Employment Tribunals single and multiple claim disposals, Q4 2018/19 to Q4 2022/23 (Source: Tables S_3)

• Baseline 2018/19 Q4

Figure 6.3: Index of Employment Tribunals single and multiple claims outstanding, Q4 2018/19 to Q4 2022/23 (Source: Tables S_4)

• Baseline 2018/19 Q4

Single claim open caseload (37,000) continues to rise having passed the peak levels seen in 2009/10 (when it was 36,000 in Q2 of that year), driven by disposals being continuously lower than receipts. The number of single claim receipts has increased this quarter by 5% to 8,100. Disposals have increased 14% to 9,000 and open caseload has decreased 4% to 37,000.

There were 15,000 multiple claims received this quarter. This is a 39% increase compared to the same quarter last year. Multiple claims tend to be more volatile as they can be skewed by a high number of claims against a single employer. Disposals for multiple claims has decreased by 11% this quarter, to 11,000, while case load outstanding has increased by 3% to 440,000.

The peak seen in the disposal chart in Q3 2021/22 is due to a large spike in multiple claims. A dismissal judgment was issued in December 2021 for 48,000 British Airways claims covering 71,000 jurisdictions. These claims had been withdrawn over a number of years but given the volume and restrictions with the old case management system these had not been formally closed until now, hence the spike.

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Employment Tribunal (ET) Fee Refund

From the launch of the ET fee refund scheme in October 2017 to 31 March 2023, there were 22,000 applications for refunds received and 23,000 refund payments made, with a total monetary value of £18.7 million.

In 2022/23, 28 refund applications were received (up from 22 in 2021/22) and 54 refund payments^{[footnote 5]} were made with a total value of £69,000.

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The ET fee refund scheme^{[footnote 6]} was introduced as a phased implementation scheme in October 2017 following the abolition of ET fees on 26 July 2017.

The cumulative number of payments is higher than the number of applications because some applications are fulfilled with more than one payment. In addition, online applications that are processed without manual input are not included in these figures.

In 2022/23, 28 applications were received, 15 (88%) of which related to cases initially brought in England and Wales, while the remaining 2 (12%) related to Scotland. In 2022/23, 57 refund payments were made by the MoJ, with a total monetary value of £69,000. Of these:

• 91% (52 refunds) related to England and Wales, 9% (5 refunds) to Scotland.

• 84% (48 refunds) related to single claims, 9% (5 refunds) related to multiple claims and 7% (4 refunds) related to both single and multiple).

Figure 6.4: Employment Tribunal fees – refund applications received, Q4 2019/20 – Q4 2022/23 (Source: Tables ETFR_1)

Figure 6.5: Employment Tribunal fees – refund applications processed, Q4 2019/20 – Q4 2022/23 (Source: Tables ETFR_1)

Figure 6.6: Employment Tribunal fees – refund payments made, Q4 2019/20 – Q4 2022/23 (Source: Tables ETFR_2)

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7. Gender Recognition Certificates

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In the financial year of 2022/23, 1,240 Gender Recognition Panel (GRP) applications were received and 954 were disposed of in total. 398 Gender Recognition Panel (GRP) applications were received and 297 were disposed of between January to March 2023. 714 applications were pending by the end of March 2023.

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The number of GRP applications received and disposed of in 2022/23 was the highest number in the last decade. The panel also had its highest sittings this year at 212 sittings days. 1,240 applications were received and 954 were disposed of in the year, an increase of 55% and 76% respectively. However, open caseload has nearly doubled (69%) in a year due to existing backlogs.

The GRP received 398 claims this quarter, an increase of 99% (198 claims) compared to January to March 2022. Of the 297 applications disposed of, a full Gender Recognition Certificate (GRC) was granted in 89% of cases (265 full GRCs), down 4 percentage points compared to the same period in 2022 (where 162 full GRCs were granted out of 174 disposals).

As expected, GRP receipts have increased annually since 2017/18, particularly more recently following a reduction in the application fee in May 2021 from £140 to £5, and the move to an online application process in July 2022. This has come at the same time as an increase in both the open caseload and refusals, with open caseload reaching 714 cases in Q4 2022/23. The increase in disposals is due to an increased number of applications received, meaning an increase in the number of hearings to address applications. 5% of all disposals (14 cases) have been refused this quarter. Applications can be refused if they do not meet the required criteria. More information on the criteria can be found at the following link: Apply for a Gender Recognition Certificate - GOV.UK (www.gov.uk) (URL:https://www.gov.uk/apply-gender-recognition-certificate).

Since April 2005/06, when the Gender Recognition Act 2004 came into effect, 68% of interim certificates (171 of the 252 interim GRCs granted) have been converted to a full GRC, 52% of which were converted within 30 weeks. No interim certificates were converted to a full GRC between January to March 2023. Of the 265 full certificates granted in January to March 2023, 31 were for married applicants and 226 for single applicants. 159 (60%) of the individuals granted full certificates were registered male at birth while 106 (40%) were registered female at birth.

Figure 7.1: Applications for Gender Recognition Certificates received, disposed of and pending, Q4 2018/19 to Q4 2022/23 (Source: Tables GRP_1 and GRP_2)

Figure 7.2: Full Gender Recognition Certificates granted by year of birth, 2017/18 to 2022/23 (Source: Table GRP_4)

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8. Adjournments and Postponements

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Adjournments reported on have decreased by 12% in 2022/23 compared to the previous year, driven by a 7% and 46% fall in SSCS and FTTIAC adjournments respectively. SSCS represent the majority (74%) of adjournments in 2022/23 while FTTIAC represent 9%.

SSCS adjournments decreased from 25,000 in 2021/22 to 23,000 in 2022/23; making up 74% of the 31,000 adjournments in the year. FTTIAC adjournments decreased from 5,300 to 2,900 over the same period.

Postponements reported on increased by 9% in 2022/23, driven mostly by SSCS tribunals which represent 41% of all postponements reported in 2022/23.

SSCS tribunal postponements increased from 7,500 in 2021/22 to 11,300 in 2022/23, an increase of 51% in the year.

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Social Security and Child Support tribunals had the largest number of adjournments (23,000) which accounted for 20% of SSCS listed hearings (down -8 percentage point on 2021/22). Mental Health tribunals had the smallest proportion of listed hearings that were adjourned – 9% of all Mental Health hearings listed in 2022/23, down -2 percentage points on 2021/22.

Last year, a performance group was established to focus on barriers to listing. The Chamber President also issued revised national listing guidance. This may in part, explain the reduction in the adjournment rate.

The postponement process is different for each tribunal, as such, care must be taken when comparing the postponement figures between tribunals. As an example, in the SEND tribunal, the case is listed for hearing when the appeal is registered without confirming availability of the parties to attend on that date, whereas in SSCS the date is only set when the parties agree a date. This results in a high number of postponements for the SEND tribunals as the parties may not be able to attend on the scheduled date. This can be for various reasons. These may include holidays; illness; key witnesses unavailable on the date of the hearing; the case simply not ready for hearing or where the tribunal is able to hear an appeal sooner with parties’ consent.

Figure 8.1: Percentage of listed hearings Adjourned and Postponed – SEND, 2021/22 to 2022/23 (Source: Table APJ_1)

This difference in the process of scheduling involved in the SEND tribunals leads to a relatively large proportion of its listed hearings being postponed - 80% in 2022/23 (89% in 2021/22). The number of SEND postponements increased year-on-year, from 620 in 2013/14 to 4,500 in 2019/20. In 2020/21 this number fell to 3,200. This decline is due to the use of remote hearings during the pandemic making attending hearings easier for participants. However, in 2022/23 the number of SEND postponements increased again to 6,100.

Figure 8.2: Percentage of listed hearings Adjourned and Postponed – by jurisdiction, 2022/23 (Source: Table APJ_1)

The percentage of SSCS tribunals with postponements has fallen slightly, down from 8% of listed hearings in 2021/22 to 10% in 2022/23. The absolute number of SSCS postponements increased by 51% to 11,000 in 2022/23. SSCS represented the largest proportion (41%) of postponements. FTTIAC (decreasing by 48% to 1,300) and SSCS (increasing 51%) mostly drove the overall increase in postponements.

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9. Tribunal Judicial Salaried and Fee-Paid sittings by Jurisdiction

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SSCS and Mental Health judicial sittings^{[footnote 7]} continue to increase by small amounts over the year.

In 2022/23, there were 47,000 SSCS judicial sittings^{[footnote 8]}, up 1% (from 46,000) on 2021/22. In the same period, Mental Health judicial sitting days increased by 4% to 48,000.

The majority of sittings in the Mental Health and SSCS tribunals were fee-paid.

Fee Paid sittings accounted for 67% of all tribunal judicial sittings in 2022/23, while salaried sittings accounted for 33%. Of the 120,000 fee-paid judicial sittings in 2022/23, 62% were for the Mental Health and SSCS tribunals.

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The number of judicial sitting days at the FTTIAC decreased by 11% to 14,000 in 2022/23. The proportion of salaried judicial sittings at the FTTIAC increased, up 5 percentage points to 49% in 2022/23.

Figure 9.1: Judicial Salaried and Fee-paid Judicial Sittings, 2022/23 (Source: Tables JSFP_1 & JSFP_2)

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10. Other Tribunals

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Increase in First-tier tax Chamber receipts by 3% in 2022/23 when compared to 2021/22 and by 179% compared to the same quarter last year

The First-tier Tax Chamber recorded 22,000 receipts this financial year, an increase of 3% when compared to the previous financial year. In the same period, 6,100 were disposed of and open caseload increased by 33% (to 50,000).

The First-tier Tax Chamber recorded 7,800 receipts this quarter, an increase of 179% compared to the same quarter last year. In the same period, 1,900 appeals were disposed of and open caseload increased by 33% (to 50,000). This fluctuation is due to the bulk and receipt & registration of appeals relating to umbrella companies. Mental Health receipts, disposals and open caseload all decreased compared to 2021/22.

Increase in Residential Property Tribunals receipts by 28% in 2022/23 when compared to 2021/22 and by 62% compared to the same quarter last year.

Mental Health receipts, disposals and open caseload all decreased in 2022/23 compared to 2021/22, down by 4%, 3% and 9% respectively. Mental Health receipts, disposals and open caseload all decreased when compared to January to March 2022, down by 3%, 5% and 9% respectively.

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First-tier Tax Chamber

There has been an increase in all case types in the First-tier Tax Chamber this quarter. Receipts increased by 179%, to 7,800, compared to the same quarter last year. Disposals and open caseload also decreased by 8% and 33% to 1,900 and 50,000 respectively. The figures have fallen in the last two quarters suggesting a possible winding down of the trend started in Q2 2021/22 when Treasury and HMRC increased action against umbrella companies employing potentially fraudulent VAT schemes.

Figure 8.1: First-tier Tax Chamber receipts, disposals and open caseload Q4 2018/19 to Q4 2022/23 (Source: Tables S_2, S_3, and S_4)

Mental Health

Mental health figures have remained stable this quarter. Receipts decreased by 3% in January to March 2023 (to 7,700), compared to the same period in 2022. The tribunal disposed of 7,500 appeals in Q4 2022/23, a decrease of 5% when compared to Q4 2021/22. There were 3,400 Mental Health cases outstanding at the end of March 2023, a decrease of 9% compared to the same period in 2022.

The mean age of cases at clearance for the Mental Health section 2, Mental Health Restricted Patients, and the Mental Health Non-Restricted Patients case types has remained consistent for the same period in the last couple of years at 1 week, 12 weeks and 6 weeks respectively.

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11. Further information

Rounding convention

Figures greater than 10,000 are rounded to the nearest 1,000, those between 1,000 and 10,000 are rounded to the nearest 100 and those between 100 to 1,000 are rounded to the nearest 10. Less than 100 are given as the actual number.

Accompanying files

As well as this bulletin, the following products are published as part of this release:

• A supporting document providing further information on how the data is collected and processed, as well as information on the revisions policy and legislation relevant to trends and background on the functioning of the tribunal system.

• The quality statement published with this guide sets out our policies for producing quality statistical outputs for the information we provide to maintain our users’ understanding and trust.

• A set of overview tables, covering each section of this bulletin and one additional set of tables on Employment Tribunals (for ET Management information – Annex C).

• A set of CSV files including data on overall receipts and disposals CSV, covering all tribunal types.

• Additional releases this quarter:

  • Update to the statistical notice on Immigration and Asylum (I&A) Detained Immigration Appeals (DIA) to include data to Q4 2022/23.
  • ET Fee Refund Tables
  • SEND Tables

Future publications

Our statisticians regularly review the content of publications. Development of new and improved statistical outputs is usually dependent on reallocating existing resources. As part of our continual review and prioritisation, we welcome user feedback on existing outputs including content, breadth, frequency and methodology. Please send any comments you have on this publication including suggestions for further developments or reductions in content.

Contact

Press enquiries should be directed to the Ministry of Justice or HMCTS press office:

Annabelle Kime - email: Annabelle.Kime@Justice.gov.uk

Other enquiries and feedback on these statistics should be directed to the Data and Evidence as a Service division of the Ministry of Justice:

Rita Kumi-Ampofo or Maisie Terry - email: CAJS@justice.gov.uk

Next update: 14 September 2023 (URL: www.gov.uk/government/collections/tribunals-statistics)

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For any feedback on the layout or content of this publication or requests for alternative formats, please contact CAJS@justice.gov.uk

1. The interim totals for the overall volumes of tribunal receipts, disposals and caseload outstanding exclude the Upper Tribunal (Immigration and Asylum Chamber) and Employment Appeal Tribunal for which the data is currently not available. See the main tables S_2, S_3 and S_4 for more information ↩ ↩² ↩³ ↩⁴ ↩⁵ ↩⁶ ↩⁷ ↩⁸ ↩⁹ ↩¹⁰ ↩¹¹ ↩¹² ↩¹³ ↩¹⁴

2. Missing Employment tribunals (ET) data for 2021/22 has caused a break in series for the tribunals and consequently the Overall Tribunals for that year. In these cases, we have used figures from 2020/21 to provide annual comparisons. ↩

3. Outstanding caseload is based on a snapshot in time based on the last day of each quarter. ↩

4. https://www.gov.uk/government/collections/universal-credit-statistics ↩

5. Note that refund payments may relate to applications made in previous quarters. ↩

6. More information on the scheme is available here: Opening Stage of Employment Tribunal Fee Refund Scheme Launched ↩

7. The recording of Sitting days varies greatly across Tribunals, e.g. some include non-legal member sittings and others do not; and so comparisons should be made with caution. As part of data improvement, work is ongoing to ensure Sitting Days are recorded on a consistent basis. Initial work on the Mental Health Tribunal showed that non-judicial sitting days make up a large proportion of the sitting days that are published in this report, and any work to revise the sitting days is likely to reduce the number of days reported by a significant factor, particularly for the Mental Health tribunal. ↩

8. For SSCS, judicial sittings relate to half-day sessions and therefore the SSCS figures are not comparable to the other tribunal sitting days. ↩