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TOPIC: Public versus private ESA appeal in :SCOTLAND

Public versus private ESA appeal in :SCOTLAND 7 years 2 weeks ago #12925

Last month, myself (retired social worker) and a mental health service user who was due to appear before an ESA appeal telephoned the Glasgow Tribunal Service to obtain advice about how we might attend an ESA appeal in EDinburgh as observers to familiarise oursellves with the ESA appeal's processprocess. We were both stonewalled by the recetiion and front line operational management staff and prevented from attending an appeal as observers. I have written to the chief executive of the Tribunal Srvice in Glasgow with a coopy to the Regional Judge for Scotland but do not expect to obtain a reply from either.

Any advice or comments would be welcome.

Thanks,

Robert
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Re:Public versus private ESA appeal in :SCOTLAND 7 years 2 weeks ago #12938

  • pata1
  • OFFLINE
  • Retired Nurse & Former Moderator.
Hi Robert,

Your complaint is valid. My husband Jim was a DLA Tribunal Member for 10 years, and often there were observers present at appeals, e.g. CAB staff, newly appointed members, students etc.

A tribunal is a 'court of law' albeit an informal one, so the public are allowed to be present, so long as there is nothing confidential being discussed.

Your complaint to the Regional Judge must be replied to and an explanation given as to why you cannot attend as an 'observer'

I recommend you download 'The Benchbook' from the members area which covers this topic and check out chapters 42 and 48.

Good Luck.

Pat
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 7 years 2 weeks ago by pata1. Reason: Added information.
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Re:Public versus private ESA appeal in :SCOTLAND 7 years 2 weeks ago #13046

Many thanks Pat, I will have a look at the benchbook.

Robert
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Re:Public versus private ESA appeal in :SCOTLAND 7 years 2 weeks ago #13058

Hi Robert,

Just to agree with what Pat has said. It's actually of fundemental importance that the public are allowed to attend tribunals. Otherwise, before you know it tribunal chairs will be able to say and do what they want and there'll be no way of challenging their account of what happened. And if you sneak a tape recorder into a tribunal you can be imprisoned for it.

So please, on behalf of all claimants, give them hell.

Steve
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