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mental capacity and tribunals
Does any-one know what rules or guidance tribunals have to follow if there is a doubt that the appellant has the mental capacity to understand the tribunal proceedings? I have made three requests for an adjournment of a client’s hearing on this basis, giving more information each time about what I mean by ‘mental capacity’ and why the client seems to lack it. The Tribunal Service keeps turning down the requests less than 8 hour s after getting each fax. I’m not convinced they’re giving it adequate consideration. (In fact, I don’t think the TS here in the north west gives proper consideration to any requests for an adjournment, they are far too fast in turning down applications).
I don’t know whether it would be best to tell the client not to turn up to the hearing, but represent him at the hearing myself and make a fourth request for an adjournment. Then if the Tribunal refuses again and insists on going ahead with the hearing, get any adverse decision set aside as patently unfair.
I want time to get copies of the client’s medical records, or get a psychiatrist’s report, to explore the issue, and see if I can get his support worker to act as his litigation friend. The client is currently being checked for early dementia but hasn’t yet got the results of his CT and MRI scans back. Whe I talked to him, he kept losing the thread of the conversation, much like a very elderly person does. But the DWP doctor who examined him for his ESA medical claimed he would be fit for work in three months time. I’m not aware that dementia is curable, in three months or at all.