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DWP failure to attend Tribunal hearing
I had a case where it had been to the upper tier, original decision was set aside, case was remitted for fresh hearing.
Directions issued which included DWP rep had to attend hearing.
DWP failed to attend, unfortunately appeal was refused and I am looking for any reason to appeal again to the UT, is there any case law that can be used to appeal again to UT for dwp failure to attend?
Some random thoughts…
Why was the DWP directed to send a PO? The reason(s) behind that *may* be key.
It seems logical to conclude the DWP’s presence was considered important; otherwise, why issue a Direction?
As the DWP didn’t turn up, has the Tribunal explained in its SoR why the attendance was suddenly NOT important enough to require an adjournment?
Depending on the above and any other info, it *may* be possible to argue the DWP’s absence meant its evidence could not be properly challenged and, if the Tribunal did not properly consider that point, there may have been a breach of Article 6 (Human Rights Act - right to a fair hearing).
Hope this at least starts the ball rolling.