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given tape at WCA audio recording
- jasonb1123837
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7 years 9 months ago #164207 by jasonb1123837
given tape at WCA audio recording was created by jasonb1123837
I had a WCA audio recorded but it was on tape how do if I need to give this to the tribunal have they got facilities to play tapes rather than CD
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- slugsta
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7 years 9 months ago - 7 years 9 months ago #164224 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic given tape at WCA audio recording
Hi Jason,
Yes, DWP do seem to have taken a step backwards in regards to the technology used for recording ESA assessments!
There is no guarantee that the appeal tribunal will accept the recording as evidence (unless you have already been told that they will). If they do, they may prefer a transcript than the actual recording.
In the event that the tribunal want to hear the actual recording, make sure they know ahead of time that they will need a tape machine in order to do so. I'm sure they will be able to cope with this if given due warning.
If you have further questions relating to your ESA appeal, please reply to this message and we will do our best to help. You will find it easily in future if you bookmark/favourite it on your web browser now.
Yes, DWP do seem to have taken a step backwards in regards to the technology used for recording ESA assessments!
There is no guarantee that the appeal tribunal will accept the recording as evidence (unless you have already been told that they will). If they do, they may prefer a transcript than the actual recording.
In the event that the tribunal want to hear the actual recording, make sure they know ahead of time that they will need a tape machine in order to do so. I'm sure they will be able to cope with this if given due warning.
If you have further questions relating to your ESA appeal, please reply to this message and we will do our best to help. You will find it easily in future if you bookmark/favourite it on your web browser now.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 9 months ago by slugsta.
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- Derek4
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7 years 9 months ago #164280 by Derek4
Replied by Derek4 on topic given tape at WCA audio recording
Hi Jason,
If you wish to submit the tape recording as evidence, it may be a good idea to phone HMCTS and ask how it should be submitted. I suspect that it would be treated exactly the same as paper evidence, and if you provide a copy on the day, if the judge decides the tribunal will listen to it, it is quite likely to result in an adjournment.
You should also be aware that tribunals often do not rely on (or even take no notice of) the medial report, and simply rely on oral evidence and their own findings. In this case you would be doing nothing more than wasting the tribunal's time.
At my recent appeal, I simply put the tribunal on notice, in a written submission, that if there is any dispute over what was said at the face-to-face assessment I would request an adjournment and insist that the tribunal listens to the recording. I think if you do this, it would be extremely unlikely there would be any dispute as it is clear that you have the evidence to back up what you say, and this may be adequate protection from the tribunal relying on DWP claims based on their usual misinformation.
Good luck,
Derek
If you wish to submit the tape recording as evidence, it may be a good idea to phone HMCTS and ask how it should be submitted. I suspect that it would be treated exactly the same as paper evidence, and if you provide a copy on the day, if the judge decides the tribunal will listen to it, it is quite likely to result in an adjournment.
You should also be aware that tribunals often do not rely on (or even take no notice of) the medial report, and simply rely on oral evidence and their own findings. In this case you would be doing nothing more than wasting the tribunal's time.
At my recent appeal, I simply put the tribunal on notice, in a written submission, that if there is any dispute over what was said at the face-to-face assessment I would request an adjournment and insist that the tribunal listens to the recording. I think if you do this, it would be extremely unlikely there would be any dispute as it is clear that you have the evidence to back up what you say, and this may be adequate protection from the tribunal relying on DWP claims based on their usual misinformation.
Good luck,
Derek
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