Hello,

Is there any requirement that a Tribunal should make any statement in their decision notice other than appeal allowed or appeal disallowed?

I know one can ask for a WSR, but I am dealing with a paper hearing for an IFW case at the moment and the decision has come back "disallowed" and "decision of the SoS confirmed" - and nothing else.

I think every IFW tribunal I've ever done has had some mention of the number of points awarded in it - is this just my "home" tribunal's local practice? Or should the Tribunal say "these are the descriptors we awarded"? Or should I take it from their silence on descriptors that they agreed with the SoS in every respect?

(I know oral hearings are preferable for this very reason amongst others, there were reasons why an oral hearing and a domiciliary hearing were not possible here ...)

Sue

"decision of the SoS confirmed"

Just a thought (albeit a double-edged sword).

A Tribunal is not meant to simply "confirm" a decision. It is required to look at the facts afresh and arrive at its own, independent, decision. As such, are such decisions sailing dangerously close to erring in law?

A couple of years ago, a Chair did comment that Tribunals were being encouraged to stick to the bare minumum in decision notices. But, I'm not sure what the current behind-the-scenes advice is to Chairs.

Regards

In a paper case I'd have thought it was good practice, if not a matter of common courtesy, to give at least an idea of why the claimant lost his appeal (likewise, won, if only for the benefit of the DM). If an appellant can see the explanation he may decide there is unlikely to be any mileage in appealling to the Commissioners and so the Chair may save him/herself the aggro of having to do a full written statement of reasons a month later when the request comes in. It might be different in an oral case when an explantion could be given face to face.

There is no rule requiring any more than the one line allowed or dismissed. However, I think it is certainly good practice to specify what points have been awarded, and often some brief explanation of why, if only to avoid having to do too many statements.

Simon Ennals

NB not from French & Co anymore!