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7 years 4 months ago #173611 by Angie
Replied by Angie on topic ESA Tribunal
Hi there Gordon,

Thank you for your reply, so even if on the date of the tribunal my son is too anxious to attend, it will not be acceptable for me to go alone, after all I really don't know for sure how he'll be feeling until the day.

Kind regards,

Angie.

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7 years 4 months ago #173622 by Gordon
Replied by Gordon on topic ESA Tribunal

Angie wrote: Hi there Gordon,

Thank you for your reply, so even if on the date of the tribunal my son is too anxious to attend, it will not be acceptable for me to go alone, after all I really don't know for sure how he'll be feeling until the day.

Kind regards,

Angie.


It's up to the Judge. They may accept your testimony in place of your son's, they may adjourn the hearing so he can attend or they may opt to carry out a Paper hearing. The important thing is not to surprise the panel, so even on the day, if he cannot attend, ring the Clerk of the Court.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 4 months ago #173625 by Angie
Replied by Angie on topic ESA Tribunal
Hi again Gordon,

Ok thank you for that, and thank you for taking the time to respond.

Kind regards,

Angie.

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7 years 4 months ago #173685 by Derek4
Replied by Derek4 on topic ESA Tribunal

Angie wrote: Hi Derek,

Thank you for your advise, I think it's a great idea that my son puts it in a letter, unfortunately I have a feeling he won't attend the hearing, as he's already becoming quite anxious. I wonder if you would know if it's possible for me to attend the hearing alone, I am his named representative after all, I can't find anything on the forms stating otherwise.

Kind regards,
Angie.

Hi Angie,

There's no harm in phoning HMCTS and asking the clerk (who can ask a judge) if it would be allowed, but I think Gordon is probably right. Even if they do allow you to represent him in his absence, it could amount to no more than a paper hearing.

I have a friend with a son that suffers from aspergers syndrome. When he attends a tribunal and is asked the first question, he freezes and is completely unable to speak. He usually wins his appeal in five minutes!

I understand it's hard for any appellant to have to go though this, but it does indicate how much extra weight there is to your evidence when the tribunal can actually see you and ask questions, even if you're unable to answer them.

Good luck,

Derek

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7 years 4 months ago #173808 by Angie
Replied by Angie on topic ESA Tribunal
Hi Derek,

Thank you for that, I'll see what happens on the morning of the tribunal (22/11/16) and just hope my son will feel up to attending.

Kind regards,

Angie.

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