First-tier Tribunal judge's powers

If one receives a statement of reasons from the First-tier Tribunal (FtT) judge about why they came to their judgement about a PIP appeal against the DWP’s award, and the claimant disagrees with one of the points, can the claimant write back to the judge to explain why they think that the point is wrong, and if the judge accepts the claimant’s contention, can the judge revise their judgement, or is the judge only allowed to allow an appeal to the Upper Tribunal, if they accept the error and the error is more than a slip of the pen? I know that for slips of the pen the original judge can issue a correction but if correcting the error would cause a different number of points to be awarded, are they permitted the discretion to make the amendment directly? If the judge accepts the point that the claimant has made and can see that it is likely the Upper Tribunal would probably also agree with the claimant, then I would assume that the original judge would prefer to issue the correction, and hence different judgement, then and there. This would not only reduce the burden on the court (as the case would not have to go through the whole of the Upper Tribunal (UT) and back to a different FtT panel), it would also ensure that the correct judgement is made while respecting the overall objectives of HMCTS, to save expenses and ensure cases are dealt with expeditiously. I presume that it would also be better for the judge’s own record if they deal with cases directly and do not have their judgements overturned by the UT because of an error they have made. If they can correct a mistake which is greater than a simple slip of the pen mistake, that has been brought to their attention then surely it must be better for all involved if they can do so if they so choose, rather than being obliged to direct it to the UT. I cannot find the rules pertaining to this.

Hi Bertie

"However, you need to talk to the Tribunals Service and/or get specialist benefits or legal advice."

I'm sure that BIS;s advice quoted above is quite correct. I've been through the appeals process myself. In my case I won my appeal and was very happy with it. I would like though to make some general points about the possibility of a claimant being able to write to the tribunal judge and then the judge possibly altering the decision in favour of the claimant. Firstly the decision is the decision of the whole Tribunal and not just the judge who sat upon it! Secondly there are two parties to the appeal aren't there, the claimant and the DWP so I can't see how one of the parties - in this case the claimant - can unilaterally write to the Tribunal judge and get the decision changed without at the very least the other party - in this case the DWP - being asked for their view on this! I do know though that in certain circumstances a more senior judge eg a district tribunal judge - can 'set aside' the decision of the original tribunal. My understanding though is that if the senior judge did this it's as if the tribunal never took place at all rather then the senior judge themselves making a fresh decision on the appeal. If my understanding is correct the senior judge would then arrange for a new tribunal to be held. This is where I return to BIS's excellent advice ie contact the Tribunals Service and/or get specialist benefits or legal advice. If it were me I'd be inclined to do both.

I hope this helps in some way.

Kind regards

Mr B