Request for reschduled appeal date refused

Hi guys

Just looking for thoughts/advice on the following-

I have been advising a client on a DLA appeal; she has mental health issues and has had an award of LRC/LRM for the last few years. Award renewed last year at the same rates but client appealed as she would like to be considered for MRC.

Client and I did GL24 together and requested appeal date on a Thursday so I could attend. Not ideal I know and probably means a longer wait (which I explain to clients) but I work p/t and am mainly at outreaches, so this is the only day I am free to go with clients/rep. Have always done this and up to now the dates have always been Thursdays.

Client had date through for appeal a couple of weeks ago and it is for Monday 9th May. Discussed with client what she wanted to do/whether she wanted to go ahead, and client asked if we could write and ask for a postponement and reschedule to a Thursday so I can attend with ( I enclosed a copy of TAS enquiry letter showing the request for a Thursday). Anyway, have had TAS reply this morning and request refused and Monday appeal going ahead, and will be heard in clients absence if she does not attend.

Have never had a problem with postponements etc in the past, and was quite surprised when I read the letter tbh. I will speak to client today and explain the situation and that the appeal will go ahead with or without her (unless she withdraws it which she might). I guess that if it goes ahead and she is unhappy with the outcome we could request a set aside on the basis we could not attend and rep?

Really I guess I’m just looking for opinions on the decision to refuse the reschedule? Is it just that I’ve been taking the mick over the last few years by only asking for Thursdays and that TAS have just had enough particularly with the current volume of appeals? Or is there an argument to be made that they should take these requests into consideration in order to allow the clients the best chance to make their case (which is the approach I always assumed they would take). Am wondering if someone has looked at clients case and decided the outcome will probably be the same whether she has representation or not so it makes no difference maybe?

Does anyone else have recent experience of this, or regularly ask for specific days for appeal hearings? Am off to call client now but all input gratefully received.

Cheers.

I think you have been lucky to be able to stipulate Thursdays in the past.  The availablilty of reps does not now seem to be given much consideration, but I appreciate what you are saying about client being given the best chance.  It may be that tribunals no longer sit on a Thursday.  Could be worth discussing with your local Tribunals Service to see if this could be accommodated in future.

Many organizations, including ourselves, have long standing arrangements with TTS for listing on certain days.  We have never had a problem getting a postponement if listed for the wrong day even if listed before client first came to see us.  I really have no idea why your arrangement has broken down.  Was it ever formalized?

Your client, obviously, needs to attend and you might want to draft an adjournment request for her to take with her.  If this is refused and she loses her appeal you should not, in my view, have too much trouble getting the decision set aside under rule 37, in conjunction with rule 2, of the Tribunal Rules.

If there are problems with the venue itself or listing availability then TTS should have raised this after receiving the GL24 or in response to your postponement request, perhaps offering a hearing at another venue.

Thanks for the speedy replies guys,

Have just been speaking to my client and discussing her options. Not sure what she will do, and suspect she may withdraw the appeal later today as she is constantly worried about the risk of losing some or all of her current award even though she has wanted to continue up to this point.

Nevip, as far as I’m aware the bureau has never made any kind of formalized arrangement with the local TTS so this is obviously something to try and arrange from this point onwards. Haven’t been able to make a Users Group meeting recently so need to get myself to the next one me thinks and find out how the land is lying…

Thanks again
LadyP

I’d ask again for a postponement. I’ve had a few cases where TAS has initially refused but agreed on a second request. Stress that the interests of justice won’t be served otherwise (especially as your client is all set to withdraw her appeal rather than attend unrepresented). I bet they cave in.

Longer term, I agree it’s one to raise at the next user group meeting.

Have you seen CDLA/2156/2010? (Recently reported on rightsnet home page). It may help.

here’s a link to briefcase summary of CDLA/2156/2010 -

http://www.rightsnet.org.uk/briefcase/summary/tribunals-duty-to-adjourn-where-evidence-claimant-could-not-attend-hearing/

cheers ros

Thanks for the decision/link Emma and Ros. When I last spoke to client she was planning to attend so will see what happened.

Cheers
Sarah

My client has been refused a postponement as he is leaving the country the day before.The judge advised that he should change the date he is flying out..
The tickets where booked before the date of appeal was listed.

client is Russian deaf mute and is returning to Russia for a few weeks.

The topic is similar but with a different empasis,  I recently had two sets of Lower Tier Tribunals listed for the same date at the same time.

I requested an adjournment as I could not be in two places at the same time ( albeit in adjoining tribunal suites)  but this was refused - has anyone else had a similar experience?

T.j. Lintern

Hi guys

Just to update my post - client went to the hearing herself and explained the situation and the panel adjourned and set a new date for August on a Thursday, so we can now go with her. (Well, actually a colleague is now going as it’s listed for the week I’m on holiday - what are the chances ?? - and I think we’ve pushed our luck with TAS enough already!).

So TJL, it may be worth one of your clients trying this as you clearly can’t rep both at the same time, but obviously there’s no way of guaranteeing the outcome. I guess if the appeal goes ahead and client is not represented and is unsuccessful then you can ask for a set-aside on the grounds of natural justice etc… Not sure what you can do though if a client can’t make the hearing at all. Would it go ahead as a paper hearing? In which case you could again request a set-aside if appeal disallowed.

Sarah