Recently I requested a statement of reasons from a tribunal chairperson in relation to a sensitive case whereby my clients appeal was disallowed. The tribunal rejected my request for a statement of reasons on the ground that the request was not signed by my client. I replied to the chairperson arguing that there was no obligation on me to obtain my client's signature. I quoted CDLA 652 2004 which outline the rights of a representative to request a statement of reasons.

I sent a copy of this decision to the chairperson along with a letter again requesting a copy of the statement of reasons, this request was not signed by my client. I telephoned the Appeals Service in Northern Ireland to get an update on developments. The clerk told me on telephone that the chairperson read the decision and thought that I was correct but wished to refer the issue to the President of the Appeals Service for guidance on the matter.

Meanwhile the chairperson has not formally advised me of his intentions or of developments with regard to referral to President of Appeals Office. The chairperson has however rejected my request for statement of reasons for a second time before recieving guidance and direction from President of Appeals office. The chairperson has not used any legislation or case law to support his decision.

He did comment that CDLA 652 2004 was never quoted in Northern Ireland before but I can see no reason why it would not have the same relevance a GB.

Can anyone advise me on what I should do. I think the chairperson has been very discourteous and unprofessional to say the least. The chairperson has given me 28 days to get client to countersign request or he will reject it again for being outside time limit. I was thinking of writing a letter of complaint to President of Appeals Service.

Any advice is greatly appreciated.

Thanks

Try writing to the President and your regional chair with a Judicial Review pre action protocol letter. Also send a copy of the pre action protocol letter to your DWP solicitors office. You can find the format and rules for doing this on the Lord Chancellors website.

Get in touch with a local solicitors office to take the matter further and issue proceedings if required. However this type of proceedings can be very expensive if your client does not qualify for legal funding. You should be able to find an appropriate solicitor through your Community Legal Service (Legal Aid Board in old money).

Can you not just appeal the decision on the basis that the chairman has misconstrued the law with regard to the rights of a representative which are in the D&A Regs (I presume similarly in NI - it's reg 53(4) which gives 'any party to the proceedings' a right to apply. And Reg 49 (8) allows a rep the rights and powewrs of the person represented. Although that relates to an oral hearing surely that extends to SoR??) - the appeal being effectively about the matter of law about your request let alone the substance of the appeal. You don't need a statement of reasons to appeal except on the grounds of adequacy of reasons, which would not be the case here.

It's always really hard to know when to dig in your heels on this kind of issue. I've got a couple of unresolved tax credit appeals from 2003 where the customer services people have demanded fresh authority to act when I'm a named rep. I went and got it but wish I'd dug in my heels on hindsight.

You will by now be 'late' for appeal against the original decision but the non-delivery of a legitiamte statement of reasons should be counted as good reasons for lateness in an application. You could copy the application to the President with a complaint as well, to keep all your irons in the fire.

You may consider judical review to force chair to act, though only option if client can get legal aid.As a full time chair shouldn't need guideance on such issue.