I'm just back for an appeal which I lost. Although the GPFR was poor the medical records contained alot of information which the GP ommitted to mention. I strongly feel that the evidence supported my clients appeal and he met the criteria of the relevant legislation for an award. He did have a previous award which was subsequently disallowed.

I have sent away for a statement of reasons. If the chairman does not record the record of proceedings accurately (which in my experience they never do) is this grounds for an appeal.

I mean I have recieved record of proceedings for appeals in which the hearing lasted for almost an hour and only one or two sentances are recorded. I'd appreciate anyone's help. Thanx

You'll have to translate all of this into the equivalent NI Regs or orders or whatever they get called over there (I understand they are the same.

Reg 55(1) of the D&A Regs states:

"A record of proceedings at an oral hearing, which is sufficient to indicate the evidence taken, shall be made by the chairman......"

So therefore, although the record does not need to be verbatim, it does need at minimum to be "sufficient to indicate the evidence taken".

The problem is does the failure to have kept such a record amount in itself to an error of law meaning the decision of the Tribunal must be set-aside?

My understanding (from CDLA/1389/97- starred as 74/98) is that it does not- however in a case where it is necessary to look at the evidence taken in order to determine whether the Tribunal erred in law then (as this cannot be done in the absence of the record) that will amount to an error of law.

So if you are going to argue say that the Tribunal does not account properly for what it made of claimant oral evidence that X, Y and Z were true and that is an error (in that the tribunal failed to give full reasons for why it arrived at a particular conclusion of fact), but none of the oral evidence has been recorded then you will probably be ok.


As an aside- my understanding is that where you disagree that the record is full enough then you can submit your own notes from the hearing and the Commissioner will also consider these (makes me worried about my own handwriting that!).

Cheers Martin that was a great help. I'll wait now until I get the statement of reasons and record of proceedings and decide what to do then. Its NI orders here but for purposes of DLA and certain other legislation its the exact same as GB i.e the same Social Security Acts and regulations.