Help! I have a DLA appeal listed for next week and asked for a postponement which has been refused. Among the reasons for the request was the fact that a couple of pages are missing from the SoS's submission. I know that it's only a copy of the GL24 but the DLA section are unable to find these papers and I feel very angry that the district chair feels it's ok to hear an appeal when ALL the information is not there, plus this wasn't actually my case and I have no copy of the GL24 for my own info. Any advice? I can't find any guidance on this on the TAS website...

A first decision on a request for postponement is generally made by a Tribunals Service clerk rather than a LQPM. It might be worth renewing your application stating that a postponement would be in the interests of justice, and with a specific request that the application be placed before a LQPM.

If the request is still refused you can ask for an adjournment at the start of the tribunal hearing.

Woudn't it be easier to ask them to send you a copy of the appeal letter?

That is certainly worth a try. The tribunal members should pick it up if they too do not ahve the full document. It is however quite likely that the appeal letter was defectively copied as sent to the Tribunals Service and that they do not have the original. The Tribunal is only likely to be worried by this if the client does not attend, unless they have one of those nit-pickers who likes finding discrepancies between what was said at appeal and what was said in a later submission or in evidence.

However, if there is such a discrepancy between appeal and other evidence, and you have a PO at the appeal who has the original with them, you might be disadvantaged at not knowing some evidence which could be challenged. Difficult.

Under the new tribunal rules you can apply for a direction that SoS produces full bundle or explains why not.

Rule 5
Case management powers
5.—(1) Subject to the provisions of the 2007 Act and any other enactment, the Tribunal may regulate its own procedure.
(2) The Tribunal may give a direction in relation to the conduct or disposal of proceedings at any time, including a direction amending, suspending or setting aside an earlier direction.
(3) In particular, and without restricting the general powers in paragraphs (1) and (2), the Tribunal may—
...
(d) permit or require a party or another person to provide documents, information, evidence or submissions to the Tribunal or a party;

See http://www.opsi.gov.uk/si/si2008/uksi_20082685_en_1
Philip Boyd