Tribunal date set - now what

We now have a tribunal date set for the 8.8.2011 – only 10 months of waiting and living on some £38.00 a week for my friend.
I have a solicitor that was recommended by the community legal services writing a statement, have 2 letters outlining my friends condition by his doctor and psychiatrist. A copy of his medication that has been increased significantly since his medical. I wonder if anyone can tell me:
1)Should I forward this information to the Tribunal in advance of the hearing
2)I read that the Tribunal will ask my friend questions at the hearing – I am going as his representative with him to read the prepared statement, he has mental illness and does not interact well with new situations/people, will he need to speak or answer questions as I feel that this will cause him a lot of anxiety


Thanks in advance

Hi Cooky44

1) Yes, you need to send it at least two weeks before the hearing so that the tribunal have time to read it in advance of the hearing.

2) It won't be necessary to read out a prepared statement at the hearing if it has been forwarded to the tribunal, as they will have already read it. I'm afraid your friend will be asked questions as the tribunal will want to hear evidence directly from him. You can if you wish explain to the Clerk to the tribunal who will speak to you before the hearing that your friend is particularly anxious; the tribunal should do their best to put him at ease and he is entitled to ask for a break during the hearing if he is finding it too stressful.

The order of the hearing and who speaks when is entirely at the judge's discretion, but you will not be allowed to answer questions that are directed to your friend. You can speak as a witness and are usually asked at the end of the hearing if there is anything you would like to add. You can find more information about the hearing in the ESA appeal guide.

Good luck

Derek

So would would you send the prepared statement in before the appeal is heard - we were told that I would have to read it as his representative

Thanks

Hi Cooky44

I don't really see the point in reading out a statement to the tribunal when it can be included in the appeal bundle and read in advance. All tribunal members are duty-bound to read any relevant evidence that you submit but you would have to ask the judge's permission to read out a statement at the hearing.

Unlike criminal courts there is no set procedure that gets followed at tribunal hearings.

Regards

Derek