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Tribunals – Requesting a Statement of Reasons & recording
- wren
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3 days 11 hours ago #309166 by wren
Tribunals – Requesting a Statement of Reasons & recording was created by wren
At recent pip appeal, i was awarded standard mobility (upgraded from zero). i was not awarded daily living and do not want to contest the decision.
This being so, i read on B&W that "Whether you are considering appealing to the Upper Tribunal or not, there can be good reasons for requesting a Statement of Reasons (SoR), from the judge of your (first tier) Tribunal."
Presumably this is in relation to the review in a few years, or are there other reasons?
Two potential disadvantages to requesting a statement of reasons are cited:
1. You should be aware when requesting a SOR, having won your Tribunal, that a copy will also be sent to the DWP. Whilst unlikely, this does mean that they may consider an appeal of the Decision, where previously they may not have.
2. You should also be aware that if the Tribunals Service are unable to locate the Record of Proceedings for your case, they will be unable to produce a SOR and are likely to refer the case to a Judge to ask for the decision to be set aside. Whilst this might be good news if you lost your appeal, as the case would then be reheard by a different panel, you may be less happy with this outcome if you did receive an award at your hearing since that decision would no longer stand.
I don't think I'm at risk from no.1 because at the close of the tribunal the DWP attendee themselves suggested the upgrade of the mobility award.
So as regards risk no.2, is this a realistic risk that the court might lose the record and so have to re-try (which i wouldn't want to go through again)? How often has it happened?
This being so, i read on B&W that "Whether you are considering appealing to the Upper Tribunal or not, there can be good reasons for requesting a Statement of Reasons (SoR), from the judge of your (first tier) Tribunal."
Presumably this is in relation to the review in a few years, or are there other reasons?
Two potential disadvantages to requesting a statement of reasons are cited:
1. You should be aware when requesting a SOR, having won your Tribunal, that a copy will also be sent to the DWP. Whilst unlikely, this does mean that they may consider an appeal of the Decision, where previously they may not have.
2. You should also be aware that if the Tribunals Service are unable to locate the Record of Proceedings for your case, they will be unable to produce a SOR and are likely to refer the case to a Judge to ask for the decision to be set aside. Whilst this might be good news if you lost your appeal, as the case would then be reheard by a different panel, you may be less happy with this outcome if you did receive an award at your hearing since that decision would no longer stand.
I don't think I'm at risk from no.1 because at the close of the tribunal the DWP attendee themselves suggested the upgrade of the mobility award.
So as regards risk no.2, is this a realistic risk that the court might lose the record and so have to re-try (which i wouldn't want to go through again)? How often has it happened?
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- BIS
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1 day 8 hours ago #309210 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Tribunals – Requesting a Statement of Reasons & recording
Hi wren
I'm afraid I'm unable to tell you the likelihood of them losing a recording - there aren't any figures available on this. I've not come across this happening to anyone, but obviously it has ot some point or it would be flagged up in the guide. Sorry - I can't tell you anymore. You could always ring the Tribunals Service and ask them if they have any figures on it.
BIS
I'm afraid I'm unable to tell you the likelihood of them losing a recording - there aren't any figures available on this. I've not come across this happening to anyone, but obviously it has ot some point or it would be flagged up in the guide. Sorry - I can't tell you anymore. You could always ring the Tribunals Service and ask them if they have any figures on it.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- wren
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1 day 6 hours ago #309233 by wren
Replied by wren on topic Tribunals – Requesting a Statement of Reasons & recording
Thank you BIS.
With regard to "Whether you are considering appealing to the Upper Tribunal or not, there can be good reasons for requesting a Statement of Reasons (SoR), from the judge of your (first tier) Tribunal."
What are the reasons to request it if not appealing?
With regard to "Whether you are considering appealing to the Upper Tribunal or not, there can be good reasons for requesting a Statement of Reasons (SoR), from the judge of your (first tier) Tribunal."
What are the reasons to request it if not appealing?
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- latetrain
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1 hour 39 minutes ago #309276 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic Tribunals – Requesting a Statement of Reasons & recording
Hi wren
You do not need a reason, you just write a letter to HMCTS, with your name and case number If you think that the original tribunal (First tier Tribunal) has given the wrong decision, then you will need to ask for the written Statement of Reasons (WSOR) AND the Record of Proceedings (ROP)
As BIS has stated I have not come across this happening on the forum from members but we can say for definite.
Gary.
You do not need a reason, you just write a letter to HMCTS, with your name and case number If you think that the original tribunal (First tier Tribunal) has given the wrong decision, then you will need to ask for the written Statement of Reasons (WSOR) AND the Record of Proceedings (ROP)
As BIS has stated I have not come across this happening on the forum from members but we can say for definite.
Gary.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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