Reasons to go to upper tier tribunal

Hi Tess2012,
David is correct that in order to appeal to Upper Tribunal you will need to show an arguable material error of law. That is basically that there was one or more legally incorrect procedural events. (You haven't suggested these but would include things like hearing the case when the claimant doesn't know about it etc ) Otherwise further errors of law could include eg a failure to take into account evidence, a failure to apply the correct legal test for what's being appealed, or a failure to correctly (legally) explain the decision.
In order to instigate an Appeal to UT you would need to write to the Tribunal and ask for the Written Statement of Reasons.(Wsor) and record of proceedings - the latter is often a cd recording of the hearing., but might be written notes.
I can't say if you will find a material error of law ie one that would potentially charge the decision if proven. However you can certainly see if proper explanations are made and evidence is referred to etc. Check also that the Tribunal have referred to the correct legal test in accordance with the relevant descriptor/s. Also Tribunal often ivetlook the provisions of both Reg 4(2A) & 7. PIP Regs 2013.
Reg 4(2A) provides that all descriptor activities have to be done safely, repeatedly, within reasonable time and to acceptable standard.
Reg 7 provides that descriptors only have to be met for the majority of days. Additionally if more than one level of activity in a set applies equally then the highest value is the correct one, or most prevalent level activity if unequally.
These 2 Regulations and all the proper considerations for each descriptor are described in great detail within the members guides.
If the Tribunal purport to rely on evidence that wasn't said or noted in the appeal paperwork, then this might also comprise a relevant error of law. You can cross reference the paperwork and Record of Proceedings.
Now, there may not be any error. But even if not, by reading the full reasons as in the wsor this will help explain the reasoning behind the tribunal decision. This may therefore be helpful if you wish to reapply for PIP for your partner.
You should write to the Tribunal within a month of the hearing date if you would like copies of if the Wsor and Rop with a view to a possible appeal.
I hope this helps.
LL26