If an individual has made a request for a review of your decision to impose a civil penalty and is unsuccessful, the final course of appeal open to them is to appeal to the First-tier Tribunal.1
The Tribunal may either uphold your decision to impose a civil penalty or cancel the penalty.2
During the time the appeal process takes place, the requirement to pay the civil penalty is suspended.3
Should the individual make an appeal, you will need to prepare information and evidence to help the Tribunal establish whether all the legal requirements leading to the issuing of the civil penalty were met. You should include copies of all the documents that you used (including your invitations and notices), and information and evidence about:
why you decided to send an ITR (e.g. which record was checked that led you to believe that there was an individual resident who was eligible for registration, or whether you gained this information through correspondence with the elector themselves or through a third party)
when and how you gave the three invitations to register and when you carried out a personal visit, including any responses you received
the dates on which you gave the requirement to register and issued the civil penalty notice
if the individual requested a review or otherwise made any representations or submitted any evidence to you, the representations, evidence and conclusion of your review
Please contact us if you require details of the relevant regulatory chamber responsible for the First-tier Tribunal.
The Electoral Commission City Chambers High Street Edinburgh EH1 1YJ