Forum Home → Discussion → Decision making and appeals → Thread
Tribunals powers when there is no longer a dispute
We had an appeal this week against a decision to refuse DLA to a client. We had expected an award of LRM/MRC and the details of the appeal reflected this expectation.
At the commencement of the hearing the PO stated that she was in agreement with the appeal and an award of LRM/MRC was appropriate.
Tribunal proceeded to grill client for over an hour (client has depression) and at the end they made a nil award.
Has this happened to others?
If there was no longer a dispute between client and DWP at commencement of hearing were they still required to adjudicate?
you’ve got to appeal ... the statement of reasons will be interesting, i expect!
I had this happen about 10 years ago - myself and the PO couldn’t beleive it.
Took it to Commissioner who replaced the decision and made an award based on what was agreed with the PO at the start of the hearing.
In the future if this arises you should ask for a short reasess during which you could advise your client to exercise their right not to give evidence. The concession by the PO whilst not binding is strongly persuasive.
Andy, Newcastle Law Centre