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Reasonable adjustments in benefit Tribunals

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7 years 3 months ago #177247 by Rococo
Hello all,

this is both a request for advice and also a warning to other folk approaching their Hearing thinking that any reasonable adjustment request will be looked at.

I had my hearing today and it was adjourned before I even sat down, weeks before the hearing my advisor had requested that the Tribunal contact us if there would be any issue with recording the hearing, I have panic and anxiety disorder and the type of Dyslexia that makes recalling conversations almost impossible, ive made this request many times under the Equalities Act in many scenarios and never been turned down.

The 'Judge' in the hearing was instantly annoyed and very sharp to the point of rudeness when I took out the recorder, they insisted that no one was ever allowed to record anything in court - full stop, regardless of Equalities Law. Of course being told straight away I was out of line and that my hearing was instantly adjourned caused me to become agitated and panic as this was what was planned and I cannot cope with unplanned changes ( the irony being that unplanned changes was one of the main points I was supposed to be arguing)

We left the room to discuss and for me to try and calm down, a coupe of minutes later we were called back in and told it was now definitely adjourned as we were making the court run late. Ide waited months for this hearing, ide been preparing as best I could and because the Tribunal failed to deal with a reasonable adjustment request that we presumed had been accepted ( as it always is) because we heard nothing I now have to wait possibly until February to start the process all over again, even the adjournment document implies I was somehow at fault.

If you are making requests for any adjustment ensure you have EVERYTHING locked down before you go to your hearing.

If anyone can advise if this was even a fair response from the 'judge' please clarify as I believe that it is up to the court to decide on a case by case basis and the 'judge' refused to even give me a reason other than ' it is not ever allowed' and surely Tribunal are much less formal settings and different rules apply anyway?

Many Thanks

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7 years 3 months ago #177295 by Gordon
Replied by Gordon on topic Reasonable adjustments in benefit Tribunals
Rococo

It would be very unusual for a Tribunal to allow the recording of a hearing, it is almost never done and there must be compelling reasons for it to be allowed.

You say that it was arranged by your advisor, do you know who they contacted? The Clerk of the Court would have needed to have spoken to the Judge of your hearing to gain their specific permission.

If you want the next hearing recorded then you need to check that permission has been granted.

Gordon

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

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7 years 3 months ago #177374 by Rococo
Replied by Rococo on topic Reasonable adjustments in benefit Tribunals
Hi Gordon,

yes the Tribunal and the DWP were contacted, they failed to refuse or it appears even ask the Solicitor presiding.

My point I guess is - why isn't it ok for Court sessions in a Tribunal to be recorded? why is it considered 'unusual' why is it ok for them to be exempt from Equalities Law when even the Higher Courts use recording now? The adjournment document was a prime example of the fact that the interaction wasn't recorded is to my disadvantage - that solicitor was very rude and claimed something to be true that wasn't true - it isn't Law that no one can ever record in court which is what I was told.

I like and appreciate this website and the work you do but sometimes I just don't understand the responses here - it should be an issue that someone who would normally be able to record somehow cant for their own hearing, you appear to be saying that my disabilities arnt maybe compelling enough? and im struggling to see what would be considered compelling.

It doesn't matter now - its done, I just wanted to warn people, to ensure all requests are ironclad in advance - ive read about and its clear the Judge wasn't accurately representing the Law in these situations.

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7 years 3 months ago #177379 by Gordon
Replied by Gordon on topic Reasonable adjustments in benefit Tribunals
Rococo

The rules under which Tribunals are convened do not include the recording of the hearing, in fact it is Contempt of Court to do so without permission.

I'm not saying that they should not have allowed the recording, I agree that it was probably a reasonable adjustment, the failure was with your representative for not confirming that the request has been accepted, you cannot make assumptions in regard to a Tribunal.

Gordon

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