Hi Folks

Can anyone advise me as to the case of an appellant, of whom I am the representative, who has severe mental health problems and is not wanting to attend the hearing?

The appealant has made a full written statement and is appealing a decision by the local authoirty in regards to a restriction of a rent increase.

It is a deep concern of mine (and others), that due to the anxiety of the appellant in having to attend, this may lead to some form of self-harm or even more drastic action being taken by my client.

I am intending to write in to TAS to state that if the chairperson has any specific questions they wish to ask previous to the the hearing these will be answered in writing, as to the attendance of my client, under the circumstances, I will be representing in their absence.

Does anyone know any good case-law surrounding this kind of issue?

Thanks

Mark

I've represented clients in the past for exactly these sort of reasons - apart from the obvious problem of client not being there to explain individual circumstances, and lower %age rate of success than when client and rep attend together, the crucial piece of information I suggest you obtain is a letter from (if poss) the consultant psychiatrist involved that supports the decision of the client not to attend and explaining the potential deleterious effect on the client's health.

Most tribunals I faced were quite understanding of the situation and were happy to discuss the legal merits of the case with me in reaching their decision, on the basis of written evidence. If you can obtain evidence from con.psych. or the CMHT to confirm why client can't attend, I don't see any reason at all to worry about using caselaw.

Thanks for this Paul.

Mark