I applied for a statement of reasons two days after an appeal tribunal in April of this year. Despite telephone and written requests, we still have not been sent the statement of reasons.
I know beleive, that even if I were to get it tomorrow, it would be so long after the original tribunal that it could not be considered a reliable record.
Do I have grounds to apply for a late set aside of the tribunal's decision. Can I use the argument that a procedural irregularity has occurred by the failure to provide a statement of reasons?
Is there any case law on this, or has anyone had a similar experience?
Thanks

Not sure how you can take action to "force" TAS to do what they are supposed to. In my experience(s), and judging by some of the postings on both Rightsnet and HBINFO, there are too many occasions when TAS act as if they can do what they want when they want how they want.

However, I'm not sure I'd be seeking a set aside etc UNTIL I had seen the statement of reasons. You never know - the SOR may well contain something very useful to you....

For what it's worth, in HB/CTB, there are a number of LAs I keep in touch with who have equally awkward dealings with TAS - it's not just clmts. In my view, there should be a clear mechanism which easily enables either party to get TAS to do what they should. Unfortunately, short of JR, there doesn't seem to be much that can be done.... If there is, I'd be delighted to hear it!

Regards

Try R(IS)11/99 and CCS/664/2001.

The absence of a statement of reasons of itself can render the Tribnals decision wrong in law.

Although you are suposed to wait for a statment ofresons before appealing to the Commissioner, you can appeal direct to the Commissioner without it in some cases.

I think this is one of them

You need to use Presidents Protocol No 8 pasted below.

That usually gets things moving.

INSTRUCTIONS FOR THE IMPLEMENTATION OF PRESIDENT’S PROTOCOL NO. 8


STATEMENTS OF REASONS FOR THE TRIBUNAL'S DECISION


1. These instructions set out the actions to be followed if a clerk does not receive a statement of reasons within 15 working days of the day the request for it is given or sent to the chairman.

2. The clerk will immediately telephone or write to the chairman asking for the statement to be received by the clerk within 5 working days from the date the telephone call is made or the letter is written.

3. If this request is not complied with, the clerk will immediately refer the delay in receiving the statement to a District Chairman (or if the chairman is a District Chairman to the Regional Chairman) with a note detailing the action taken so far and, where it applies, with details of any other statements the chairman has then outstanding for more than 15 working days.

4. The District Chairman will immediately telephone or write to the Chairman, remind him or her of the standard and require the statement or, if more than one, all outstanding statements, to be received by the clerk within 5 working days from the date the telephone call is made or the letter is written.

5. If the District Chairman’s request is not complied with the clerk will immediately refer the delay in receiving the statement, or statements, to the Regional Chairman, with a note detailing all the action so far in respect of the statement, or each of the statements.

6. The Regional Chairman will write to the Chairman, remind him or her of the standard, and require the statement or, if more than one, all outstanding statements to be received by the clerk within 10 working days from the date the letter is written. The letter will say that if the statement or statements are not received the file will be referred to the President.

7. At the end of that period the clerk will immediately give to the Regional Chairman details of any statements which the Chairman has then outstanding more than 15 working days from being requested and the Regional Chairman will report to the President with the file.

8. The President will advise the Regional Chairman whether the Chairman’s sittings should be suspended, or what further action should be taken.

9. Should it not be possible for a Chairman to prepare a statement promptly, for instance because of ill health or extended vacation, the request for the statement should be referred to the Regional Chairman for directions.

10. Chairmen should be encouraged to notify clerks when they are on holiday so that statement requests are not sent to them when they have notified that they are unavailable.

11. On those rare occasions when a chairman has ceased to be a panel member (through retirement, removal or death) the request for the statement should be referred to the Regional Chairman for directions.




HIS HONOUR JUDGE MICHAEL HARRIS
PRESIDENT, THE APPEALS SERVICE

21 January 2002

Thanks for this. All very useful.