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I am representing a client at an IB appeal after she failed the PCA with 7 mental health points
She is 19 now and was attacked on her 17th birthday by a stranger and had her face slashed. This has left her with an obvious scar. She now has severe problems with anxiety, motivation, speaking to strangers etc.
I managed to persuade her to make an appeal, but when the tribunal came around, she refused to attend. She still lives with her mother who came along to the appeal in her place and who was prepared to give evidence on her daughter's health and how badly she is managing. My client wrote a letter to explain that she wasn't able to attend in person.
The tribunal refused to hear evidence from her mother and decided to adjourn with the instruction that my client should attend in person at the next hearing. Part of their reasoning for why she should attend was that she had managed to go to the medical exam, when she could have requested a domiciliary examination. I did try to argue that it's very unlikely that a claimant would even know that they could request this, but they didn't seem to beleive me.
The chair also hinted that if I insisted on her mother giving evidence that they wouldn't see this as strong evidence and would find her fit for work
I have now received a letter from her doctor confirming that she would find it difficult to face strangers asking personal questions. She still won't discuss the attack with anyone.
What i would like help/suggestions with is how we should proceed. Her two main options are for her mother to go again to the tribunal and to speak on her behalf (hopefully with a different chair who will allow this) or to request a domicillairy hearing. There is a very strong chance that she will just stay in bed for this and refuse to come downstairs (as happened the last time I visited to discuss the appeal).
Any similar examples or case law welcomed too.
Thanks
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