How to appeal to the Proscribed Organisations Appeal Commission if you disagree with a Home Office decision to ban an organisation.
What you can appeal against
You can appeal to the Proscribed Organisations Appeal Commission if the Home Office bans an organisation because they believe it’s involved with terrorism.
You must first write to the Home Office to ask for the organisation to be removed from its list of proscribed (banned) groups.
If the Home Office decides to keep it on the list, you can appeal to the commission.
The commission is independent of the government. A judge and other commission members will listen to both sides of the argument before reaching a decision.
How to appeal
Fill in the notice of appeal form.
Include any supporting documents, such as the Home Office decision letter.
Say why you disagree with the ban.
Send the form to firstname.lastname@example.org or:
Proscribed Organisations Appeal Commission
HM Courts and Tribunals Service
15-25 Breams Buildings
Telephone: 0300 123 1711
Fax: 020 7073 0347
You may need legal advice from a solicitor to help with your appeal.
You may be able to get legal aid to pay for your legal fees.
Time limits for appealing
You must normally appeal within 42 days of receiving the Home Office’s decision to keep the organisation on the proscribed list.
If you miss the time limit, you can ask for more time to appeal in section 4 of the form. The commission will decide if it can still take your case.
How your case will be decided
The commission will look at your case if it thinks there may be a problem with the ban.
It will hold a tribunal hearing with:
- a senior judge and 2 other commission members, who will decide on your case
- you and your lawyer
- a lawyer from the Home Office
The commission will try to keep the hearing open to the public whenever possible.
However, you, your lawyer and anyone observing the hearing may have to leave the room if there is any secret evidence involving the security services.
If that happens, someone known as a ‘special advocate’ will be appointed to represent you when this evidence is presented.
The commission’s decision
The commission can uphold or overturn the ban.
If you win your case, the organisation will be removed from the list of proscribed organisations.
If you disagree with its decision, you can appeal to a higher court:
- Court of Appeal in England and Wales
- Court of Session in Scotland
- Court of Appeal in Northern Ireland
You can only appeal on a point of law - and should seek legal advice if you want to take the case any further.
Legislation and rules
You can find the right to appeal against a ban in the Terrorism Act 2000.
- the right to appeal
- a list of proscribed organisations
- rules setting up the Proscribed Organisations Appeal Commission
More detailed rules on how your appeal will be handled are contained in the Proscribed Organisations Appeal Commission (Procedure) Rules 2007 and the (Amendment) Rules 2007.
The commission has heard one case to date, which is available on the Judiciary website.
Published: 13 November 2014