Tsfayo v United Kingdom [2006] All ER D 177

The council’s housing benefits committee was not an independent tribunal for purposes of Article 6 because the tribunal members were the councillors out of whose budgets any successful claim for benefits would come.

There would be no violation of the Convention can be found if the proceedings before that body are subject to subsequent control by a judicial body that has full jurisdiction and does provide the guarantees of Article 6.

It was necessary to have regard to such factors as the subject matter of the decision appealed against, the manner in which that decision as arrived at and the content of the dispute.

However here the high court couldn’t re-hear evidence or substitute its own views for those of the tribunal on Plaintiff’s credibility, which was the key issue of the case.