Form T171 UK: Set Aside Tribunal Decision Guide

What this document is

Form T171 is the official application used to ask the First-tier Tribunal (Primary Health Lists) to set aside one of its own decisions. Setting aside means the Tribunal agrees to treat a previous decision, or a specific part of it, as though it had not been made, usually so the matter can be reconsidered.

This is different from an appeal, which asks a higher court to review whether the original decision was legally correct. A set aside application focuses on procedural fairness: for instance, whether a party missed the hearing through no fault of their own, whether documents were not received, or whether something else happened that meant a party was not able to present their side properly.

The Primary Health Lists jurisdiction deals with disputes involving NHS performers lists, including suspensions, removals, refusals to include a practitioner on a list, and contingent removals. The form is submitted to HM Courts and Tribunals Service and must set out clearly why it would be in the interests of justice for the Tribunal to look at the matter again.

How to use this document

1. Check that Form T171 is the right route. Before completing anything, work out whether you are genuinely asking the Tribunal to set aside a decision on procedural grounds, or whether you actually want to appeal the substance of the ruling. Setting aside is generally only appropriate where something went wrong with how the decision was reached, such as a party not receiving papers or being unable to attend through no fault of their own.
2. Fill in your personal and representative details. Section A asks for the applicant's name, postal address, telephone number and email address. If you have appointed someone to act for you, such as a solicitor or professional representative, their details go in Section B. You can also indicate whether correspondence should be sent to you, your representative, or both, which helps avoid missed deadlines.
3. Describe the decision you want set aside. In Section C, give clear information about the original hearing, including the date, venue and title of the decision. You will also need to confirm whether more than 28 days have passed since the decision letter was sent. If the deadline has passed, you will need to ask the Tribunal to extend time and explain why the delay happened.
4. Set out your reasons clearly. Section D is the heart of the application. You should explain in plain terms what happened that led to the decision being flawed and why it is in the interests of justice for the Tribunal to reopen the matter. Be specific about events, dates and any documents or evidence that support what you are saying. Vague reasoning will rarely succeed.
5. Sign, date and submit the form. Once complete, sign and date the form in Section E and send it to HM Courts and Tribunals Service at the address shown on the form. Keep a copy for your records. The Tribunal will then consider your application and decide whether to set aside the decision, hold a further hearing, or refuse the application.

Common questions