FOI-03160

Thank you for your request for information.

##Request##

<p><i>‘The information I am seeking is <p>
 
•	The numbers of appeals to date heard to date in respect of a refusal of an application in respect of a Covid vaccine where a decision has been issued by the Tribunal <p>
•	The numbers of (1) appeals allowed by the Tribunal and  <p>(2) the number of appeals dismissed. <p>
•	The number of appeals to the Upper Tribunal by (1) the VDPS  or (2) other party against a decision by the Tribunal in respect of a Covid vaccine’</i></p>

Which you have subsequently clarified to be a request for information about: <p>

<p><i>‘There are only two possible outcomes to an appeal to the First Tier Tribunal in a vaccine damage matter. Either the Tribunal dismisses the appeal or it allows the appeal.’</i></p>


##Response##
I can confirm that the NHSBSA holds the information you have requested. All information is as of 31 August 2025 and relates to COVID-19 vaccine claims only.

<strong>Question 1 - The numbers of appeals to date heard to date in respect of a refusal of an application in respect of a Covid vaccine where a decision has been issued by the Tribunal</strong>

If a claimant disagrees with the outcome of their claim after a mandatory reversal, they can apply for an appeal. An ‘appeal’ is when a claimant applies to His Majesty’s Courts & Tribunals Service (HMCTS) for an independent ruling on whether the decision made by the medical assessor is correct. The appeal and any evidence will be discussed at a hearing by a judge and one or two experts, for example a doctor. The judge will then make a decision. There is no time limit for requesting an appeal.

30 COVID-19 vaccine appeals have received an outcome following a tribunal hearing.

<strong>Question 2 - The numbers of: (1) appeals allowed by the Tribunal and (2) the number of appeals dismissed </strong>

Appeals are not submitted to NHSBSA directly. Appeals are submitted to HMCTS and they notify us about them. They tell us whether an appeal is allowed or dismissed. 

When responding to your request, we have understood the term: <p>
•	’allowed’ to mean that the medical assessor's decision has been overturned by the tribunal <p>
•	’dismissed’ means the tribunal has upheld the medical assessor's decision

It may be helpful to explain that HMCTS can also decide not to progress an appeal to a hearing where it is not eligible. For example, a claim is only eligible to be heard by a tribunal if it has already been assessed by a medical assessor through the mandatory reversal process and we have communicated a decision. Appeals which fall under this description have not been considered when answering your request.

The NHSBSA holds the information you have requested but considers it exempt under the FOIA. This is because, when combined with our response to your first question, our answer would provide an answer of fewer than five.
 
<strong>Fewer than five</strong>  
    
The NHSBSA considers this information to be exempt because when combined with the additional information reasonably available in the public domain, claimants could be identified  by the disclosure of this information. 
 
This information falls under the exemption in section 40 subsections 2 and 3A (a) of the Freedom of Information Act. 
This is because it would breach the first data protection principle as: 
 
a.	It is not fair to disclose claimant personal details to the world and is likely to cause damage or distress.  <p>
b.	These details are not of sufficient interest to the public to warrant an intrusion into the privacy of the claimant. 
 
Please click the web link below to see the exemption in full. 
 
https://www.legislation.gov.uk/ukpga/2000/36/section/40 
 
<strong>Breach of Patient Confidentiality </strong>
 
Please note that the identification of claimants is also a breach of the common law duty of confidence.  A claimant who has been identified could make a claim against the NHSBSA for the disclosure of the confidential information. 
 
The information requested is therefore being withheld as it falls under the exemption in section 41(1) ‘Information provided in confidence’ of the Freedom of Information Act.  
 
Please click the below web link to see the exemption in full. 
 
https://www.legislation.gov.uk/ukpga/2000/36/section/41 

<strong>Question 3 - The number of appeals to the Upper Tribunal by (1) the VDPS or  <p>(2) other party against a decision by the Tribunal in respect of a Covid vaccine</strong>

There have been no appeals to the Upper Tribunal in relation to COVID-19 vaccine appeals by the Vaccine Damage Payment Scheme or others.

<strong>Data Queries</strong>

Please contact <a href=mailto:foirequests@nhsbsa.nhs.uk>foirequests@nhsbsa.nhs.uk</a>   ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan on publishing the data.

<strong>Reusing the data and copyright</strong>

If you plan on producing a press or broadcast story based upon the data please contact  <a href=mailto:communicationsteam@nhsbsa.nhs.uk>communicationsteam@nhsbsa.nhs.uk</a>
. This is important to ensure that the figures are not misunderstood or misrepresented.

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at:
http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ 

Should you wish to re-use the information you must include the following statement:
“NHSBSA Copyright 2025” This information is licenced under the terms of the Open Government Licence:

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ 

Failure to do so is a breach of the terms of the licence.

Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated.  Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.



Tags: Appeals, Tribunals, VDPS, Vaccine Damage Payment Scheme
Organization: Freedom of Information Disclosure Log