I have a client who first sought advice from us after her PCA appeal had been turned down at a paper hearing. Because of mental health problems she had not wanted to attend an oral hearing because she thought it would be too stressful.She did however supply a G.P. 's letter to the tribunal which confirmed that there had been a serious deterioration in her condition since the date of her medical examination, but before the decision was made that she'd failed the PCA.

The G.P.'s letter confirmed symptoms which should have suggested to the tribunal that additional mental health descriptors applied to my client. In these circumstances I believe that it would have been most appropriate for the tribunal to adjourn the case for an oral hearing so that my client could be asked relevant questions about specific descriptors.

One of my colleagues seems to recall having read somewhere about a commissioners decision which recommends this course of action. Is anyone aware of such a decision and if so could they either let me know the reference or better still e-mail it to me please.