Presenting Officers at Tribunals

Just attended two PIP appeals today and there was a PO present at both.  One attended in person the other attended remotely by CVP

So far so good but neither PO said anything at the hearing

Would it have been better if the PO’s had spent their time submission writing, even if its the usual cut and paste from the stock response spread sheet?

At least that way the delay for clients waiting for a hearing is possibly reduced

I would be surprised if the availability or otherwise of POs made any difference as to HMCTS listing policies, except where a judge has specifically directed a PO to attend. However, I do agree that to judge by their non-role at hearings (at least where there is a rep; they may be more useful where the appellant is unrepresented) DWP might more usefully deploy them elsewhere. Maybe DWP and HMCTS could run a joint survey of tribunal judges and members to find out whether the tribunals actually find POs useful.

Sat in on an appeal hearing last week where the PO starting quoting employment info and HMRC details to discredit the client, none of which was in the appeal pack! Client awarded ERDL so no need to take it further…apart from a complaint maybe.

The reintroduction of POs with a remit to “defend decisions” rather than be a friend to the tribunal has been embarrassing from the off really. I have seen POs barely out of school and with a limited understanding of their own abilities let alone legislation, case law and guidance. Their contributions have largely been to nod their head and stay silent. I have seen people close to retirement with zero interest in being present other than it gets them out of the office and they can do the crossword all day. I have seen POs somewhere in the middle with zero knowledge of law, case law and guidance but openly willing to argue that a decision was correct essentially because their colleagues said it was so it must be.

I am not anti POs. In the past the good ones have resolved issues before we’ve set foot in a tribunal room; conceded sensibly; argued sensibly; explained sensibly and so on. I don’t see that this exists any more. It smacks more of “who wants a day out?” or “who don’t we want in the office?” rather than a professional, competent contribution.

That said, in the North West I’ve an impression from multiple sources now that HMCTS continuing inability to talk to anyone other than themselves and their decades old inability to do the most basic of predictions with regard to future caseloads has resulted in the absolutely predictable decimation of clerk numbers and that’s having a far more significant impact than what a PO does or doesn’t do.