I am considering trying to get an EMP to attend an appeal hearing so I can question him on his report on my client. I was thinking of just writing to him and asking him to attend. Has anyone ever tried to get an EMP to attend to be questioned before?

I have read reg 43 of the Decisions and Appeals Regs but I'm not sure how to get a chairman to use this power except on adjourning a hearing. I've had them do this before to summons investigating officers and once a policeman but I'd expect any request for adjournement in my current case to be turned down.

Any advice on this would be appreciated.

Happy Xmas to everyone including elderly Cornish contributors.

Okay looks like no one has ever done this before which might be because it is a particularly bad idea but I think I'll give it a go anyway.

Anybody know what expenses an EMP could claim if he attended as a witness? Would it be the £27.50 for a half day?

Sounds interesting keep us posted . If it works I will try for our local ICB decision Maker.

There was one occasion when an EMP was called by a tribunal as a witness in one of our cases in Glasgow.

Unfortunately it was before my time so I don't know all the details but all parties were given the opportunity to question the delightful EMP. The doctor has since stopped working for the DWP.

Sorry I can't be of any further help.


David

I can just imagine the doctor when handing in his resignation mumbling to himself "I didn't offer my services to the DWP only to be hauled in front of a tribunal to explain myself". Unlike claimants then! Ha, ha, ha!

I would also be interested in hearing how you get on. I don't know anybody who has summoned an EMP as a witness, but have often thought this is what's lacking at disability appeals. Please let us know if you think it was useful to have the EMP at the appeal hearing.

I would be a bit cautious about asking a (potentialy) "hostile" witness to attend.

Even "friendly" witnesses can have a devestating impact on a carefully prepared case. Imagine what a hostile one could do!

Although I imagine you have your particular reasons for considering it in this instance. It still seems like quite a high risk stategy to me.

In the end the EMPs report did not have to be considered in this case and they made an award of benefit on the appelants evidence.

I agree that it is wise to be a bit cautious but personally I think Welfare Rights officers are too cautious about witnesses from 'the other side'. Claimants evidence gets tested when they are questioned by tribunals but EMPs bung in reports but do not get questioned about where their conclusions come from. If they have put in a report at odds with what the claimant claim then the damage is done and I do not think we should be scared to test their evidence.

How about writing to an EMP for further clarification on his/her report? This would allow the representative to question any moot points and obtain further evidence which could be put in front of the tribunal.
might try it myself sometime.

One thing to bear in mind, the EMP may come across as a very good witness ie eloquent educated etc and the Tribunal may be even more minded to accept what he says.

Also, there is very little chance of the EMP being able to remember anything about the client in question and I think the Tribunal will accept this as EMPs do not as a rule carry out examinations with any expectation of being tested on it in a Tribunal later.

Remember the golden rule ofadvocacy, never ask questions you don't know the answers to!

Have you considered CIB/4137/2001 where Commissioner David Williams considers (as para. 24) that it may render a tribunal unfair to refuse a request for a summons of an EMP?