Discussion archive

Top Decision Making and Appeals topic #2401

Subject: "Tribunal conduct" First topic | Last topic
caringram
                              

Tribunal Representation Worker, Citizens Advice Edinburgh, Central office
Member since
31st Aug 2007

Tribunal conduct
Thu 18-Oct-07 09:47 AM

Hello learned colleagues!

I recently attended a Tribunal where the line of questioning of the client (for DLA) concentrated strongly on his childhood and time he was homeless (some time ago and outside the relevant period). The client was repeatedly asked if he had taken illegal drugs (specifically heroin) while homeless, and the Tribunal did not seem willing to accept that he had not. The written reasons indicate that the tribunal were not satisfied with the credibility of the client.

I have found some grounds in the decision to try for an appeal to Comms, but would like also to put in a natural justice element because of the type of questioning and prejudice (i feel) of the Tribunal.

Does anyone know of any Commissioners decisions or guidance documents that cover Tribunal conduct that I could use to do this?

  

Top      

Replies to this topic
RE: Tribunal conduct, nevip, 18th Oct 2007, #1
RE: Tribunal conduct, caringram, 18th Oct 2007, #2
      RE: Tribunal conduct, nevip, 18th Oct 2007, #3
           RE: Tribunal conduct, nevip, 18th Oct 2007, #4
                RE: Tribunal conduct, claire hodgson, 18th Oct 2007, #5
                     RE: Tribunal conduct, caringram, 18th Oct 2007, #6

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Tribunal conduct
Thu 18-Oct-07 09:54 AM

What was the appeal about?

  

Top      

caringram
                              

Tribunal Representation Worker, Citizens Advice Edinburgh, Central office
Member since
31st Aug 2007

RE: Tribunal conduct
Thu 18-Oct-07 10:23 AM

low rate care and mobility stemming from anxiety, depression and OCD.

  

Top      

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Tribunal conduct
Thu 18-Oct-07 10:37 AM

Try this to start with

http://www.appeals-service.gov.uk/publications/pdf/benchbook/benchbook_august 2006.pdf

  

Top      

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Tribunal conduct
Thu 18-Oct-07 10:38 AM

The link doesn't work. Perhaps Shawn or Ken can fix it?

  

Top      

claire hodgson
                              

Solicitor, Askews Solicitors, Thornaby, Stockton on Tees
Member since
17th May 2005

RE: Tribunal conduct
Thu 18-Oct-07 11:17 AM

http://www.appeals-service.gov.uk/publications/pdf/benchbook/benchbook_august%202006.pdf

  

Top      

caringram
                              

Tribunal Representation Worker, Citizens Advice Edinburgh, Central office
Member since
31st Aug 2007

RE: Tribunal conduct
Thu 18-Oct-07 12:14 PM

Thanks both! I'll check it out and see what I can do with it

  

Top      

Top Decision Making and Appeals topic #2401First topic | Last topic