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Can dwp rep question me at tribunal

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6 years 2 months ago #205163 by Maria1
Can dwp rep question me at tribunal was created by Maria1
Hi all

I have a few specific questions which I’m going to address separately and I’d be grateful for responses. At my recent tribunal, the dwp rep asked me several questions. I understood this wasn’t going to happen. She asked me whether I had dealt with the arrangements when my father died, why I didn’t just use a lust when cooking so I didn’t forget things. She asked me some other stuff too but I can’t temember right now. I just want to know whether she is allowed to ask such questions?

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6 years 2 months ago #205186 by Gordon
Replied by Gordon on topic Can dwp rep question me at tribunal
Maria

It's up to the Judge on the day, they have to decide whether the question is reasonable, for example, something that the panel itself might have asked.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 2 months ago #205361 by Argee
Replied by Argee on topic Can dwp rep question me at tribunal
I do not think a Presenting Officer as they are called are allowed to actually put questions to you at any tribunal, The Panel sits opposite you with the clerk to their side and the Appellant (you) and a DWP Presenting Officer to your side at your end of the table. The Panel which can consist of at least a Judge and Doctor but also a lay person such as a disability adviser can and do put questions to you. It is usually The Judge that can help direct you with answering , They then ask you for your reasons as to why you think a decision is unfair if there is a Presenting Officer at the hearing they ask them for there reasons first, in doing this you then have your chance to put your case over to the panel last , I didn't think any presenting officer is at a hearing to put questions to you but I am sure someone will come along and clarify this ?
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6 years 2 months ago #205386 by Gordon
Replied by Gordon on topic Can dwp rep question me at tribunal
Argee

Although the Tribunal Service is part of HM Courts And Tribunals, hearings do not operate in the same way as criminal or civil hearing might, Tribunals are inquisitory and it is perfectly acceptable for the Judge to allow a Presenting Office to ask reasonable questions of the claimant, that does not mean that they have carte blanche to do so and certainly would not be allowed to mount an interrogation.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 2 months ago #205390 by Maria1
Replied by Maria1 on topic Can dwp rep question me at tribunal
Thank you for your responses. What I’m looking for is some specific guidance as to the role of the dwp officer that states whether or not they can question me. Whilst I am grateful for your views I really need to know whether official guidance was followed in this respect.

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6 years 2 months ago - 6 years 2 months ago #205403 by Gordon
Replied by Gordon on topic Can dwp rep question me at tribunal

Maria1 wrote: Thank you for your responses. What I’m looking for is some specific guidance as to the role of the dwp officer that states whether or not they can question me. Whilst I am grateful for your views I really need to know whether official guidance was followed in this respect.


You seem to have misunderstood my posts! I am not offering a "view" but explaining Tribunal procedure to you, if you want to check there is a copy of the Bench Book, which defines Tribunal procedure, in the DLA section, just scroll down to the bottom.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 2 months ago by Gordon.

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