I am representing a client who is close to a mental breakdown. She was a victim of sexual abuse and just went through a court case last year. Her son was at the hearing. Her sexual abuse was noted in her GP records. She asked me to discuss the matter with the panel and the departmental officer in private i.e. without her being present. She wanted to know whether the tribunal would question her on the issue of sexual abuse and if so she did not want her son to be there.

The chairperson did not allow me to discuss the matter before the beginning of the proceedings. He adjourned the hearing to get an EMP report citing that not enough medical evidence was available. As yet the matter of sexual abuse hasnt been addressed and i'm not sure whether it will or not.

I'm going to send a letter of complaint to the President of the Appeals Service. Was the chairperson entitled to do what he did - I think he is in error in law because he refused to consider a material fact to the case. What do you guys think?

In my experience Chairman are reluctant to discuss personal matters without the client present. In your case I feel it would have been proper for the Chairman to offer speaking to both you client and you before her son came in. The son was only secondary to the proceeding so I can see no reason why he could not be called in after the sensitive issue ad been discussed.

I haven't had a case like this but I wonder if it can be likened to a case where a client has a terminal illness (that they are not aware of) and out of sensitivity the tribunal agree not to mention this to them as this has been the families wish.

Thanks for your reply Mark. Thats what im afraid of - that it is completely at the chairpersons discretion whether to talk to me or not. Im still hoping i'll be able to pull him up on the basis that he ignored a material fact. I'll let you know how I get on