DLA Tribunal - Conflict of Interest

Well, I attended my DLA tribunal last Wednesday which turned out to be a complete disaster. My appeal was unanimously refused despite extremely compelling evidence from various health professions and case law backing me up.

Anyway, I have since discovered that it is highly likely that I have had dealings with one of the panel mambers in a work capacity in the past. At the panel they seemed to go into a lot of detail about what work I do (I'm an NHS project manager and they even wanted me to provide information on the projects I was working on). Does this not constitute a conflict of interest? If I haven't had dealings with this person directly it is highly likely that one of my colleagues will have and mentioned me by name (I am the central point of contact for much of the work that we do). If I find evidence which backs this up can I ask for the decision to be looked at again? If so how would i go about this? Or am I just grasping at straws/barking up the wrong tree?

Thanks in advance.

Pauline

The Appeal Tribunal Benchbook (extracts) states on the possibility of bias thus:-

7. BIAS OR PERSONAL CONNECTION.

1. If a chairman or member finds that he is personally acquainted with an appellant, presenting officer, representative or witness, and the connection is strong enough to give the appearance of bias, he should consider whether it would be proper for him to adjudicate on the appeal. (And of course the earlier any such difficulty is noted and passed to the clerk the better, so as to enable the administration to find a replacement member so please let the clerk know of any potential problem as soon as you notice it).

3. If the connection is that of a member, e.g. if the appellant is or has been a patient of the doctor member, the same procedure should be followed. The hearing would then have to be adjourned.

6. In the case of remoter connections, it may be sufficient for the chairman or member concerned to declare the matter at the beginning of the hearing, but thereafter to take part in the hearing in the absence of any objection, the chairman making an appropriate note in the record of proceedings.

From what you have said in your post, it would appear that section 6 may have applied in your case, so it would have been a matter for you as the appellant to have raised an objection prior to the start of the hearing.