I have just received the statement of reasons for a decision after a DLA tribunal. I also requested a record of proceedings. I phoned up the Appeals Service to ask why this was not provided and they said that this was incorporated into the statement of reasons (ie the chair wrote it up into the decision) and they did not provide it separately.

Have I missed something or am I right in thinking this should be provided too?

Thanks.

Have a look at the SS (D&A) Regs 1999; Reg 55.

The record of proceedings should be preserved for six months and supplied to any party to the proceedings on request.

I'd ask to see the originals!

Just a word of caution. This may be a case of an inexperienced clerk floundering for an explanation instead of checking properly. We constantly find that, despite requesting records when we request statements, they are rarely provided, although tend to turn up in Commisioners bundle later. (presume that you, like us, are covered by Nottingham office?)

Stick it in as an error of law and it will probably magically appear.

The issue of not being sent the Record of Proceedings when it is requested in the same letter requesting the Statement (as is the standard practice in the LASA appeals team) makes me grind my teeth quite a bit.

The TAS office for us is also Nottingham (who cover large chunks of London).

I did raise this at a Liaison Group meeting some time ago but it has definitely not been sorted out. I have a list of cases where the record has not been sent to us on first request.

It may be useful for a number of groups to raise this at one time to ensure it is sorted out once and for all.

Perhaps anyone else with this problem could email me?

I would be happy to draft a letter to TAS Nottingham setting out the problem and could include concerns raised by other people/any instances that you can give of R of P not being issued.

More generally I find an appalling problem of not being issued with numbered copies of documents I have submitted or that have been added to the bundle (for example hearing is adjourned, the record from the adjourned hearing is added to the bundle but not circulated to the parties). I recently had to request a direction that the Clerk should issue me with a copy of the directions made by a Chair on my request! (imagine.... a request for directions about the directions...).


Martin.

Nottingham also covers our area. I routinely request the record of proceedings along with the statement of reasons, and never get it. I raised this with the clerk I spoke to last time it happened and she said something about putting a memo round. I agree it is very irritating.

If you want to get in touch about pursuing this further my email is sara.lewis@derbyshire.gov.uk