Wed 17-Mar-10 09:50 AM by past caring 3
I suppose there are a number of options;
1) Hearing goes ahead without appellant but with you as rep. - as long as client agrees to this, there shouldn't be any problem with the tribunal agreeing, though I'd inform TS in advance so as to ensure the hearing didn't end up being adjourned on the day. Whether this is a good option for your client will depend upon how good the medical evidence is and whether you think the tribunal need to hear your client's oral evidence to swing it.
2) Postponement - but whether TS will agree to this may depend upon whether your client has any prospects of being released in the near future.
3) Paper hearing - but I can't see how this would be a better option than 1).
4) Domiciliary hearing - nothing in the rules to say that the appellant has to be disabled for such a hearing to be agreed and where domiciliary hearings are arranged TS usually prefers these to be in premises other than the appellant's home (I've had them in the advice centre's offices before). Domiciliary hearings are agreed because of an appellant's fundamental right to a fair hearing (i.e. to attend and give evidence) so I see no reason why the hearing couldn't be held in the prison, so long as suitable arrangements can be made. What about the possibility of your client attending via video link?
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