Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.

Professional Members

We support both claimants and professionals.  These are just some of the organisations who have subscribed to Benefits and Work:

  • Royal College of Nursing
  • Spinal Injuries Association
  • Chesterfield Law Centre
  • Coventry Mind
  • Birmingham Citizens Advice Bureau
  • Colchester Borough Council Welfare Rights

Read more

Welcome, Guest
Username: Password:

Remember me. Note: ticking this may affect members file download ability.
25 May 2017
The Forum is closed until 8pm Tuesday 30 May
Read More...
Members
  • Page:
  • 1

TOPIC: Public versus private ESA appeal in :SCOTLAND

Public versus private ESA appeal in :SCOTLAND 7 years 6 months ago #12925

Last month, myself (retired social worker) and a mental health service user who was due to appear before an ESA appeal telephoned the Glasgow Tribunal Service to obtain advice about how we might attend an ESA appeal in EDinburgh as observers to familiarise oursellves with the ESA appeal's processprocess. We were both stonewalled by the recetiion and front line operational management staff and prevented from attending an appeal as observers. I have written to the chief executive of the Tribunal Srvice in Glasgow with a coopy to the Regional Judge for Scotland but do not expect to obtain a reply from either.

Any advice or comments would be welcome.

Thanks,

Robert

Please Log in or Create an account to join the conversation.

Re:Public versus private ESA appeal in :SCOTLAND 7 years 6 months ago #12938

Hi Robert,

Your complaint is valid. My husband Jim was a DLA Tribunal Member for 10 years, and often there were observers present at appeals, e.g. CAB staff, newly appointed members, students etc.

A tribunal is a 'court of law' albeit an informal one, so the public are allowed to be present, so long as there is nothing confidential being discussed.

Your complaint to the Regional Judge must be replied to and an explanation given as to why you cannot attend as an 'observer'

I recommend you download 'The Benchbook' from the members area which covers this topic and check out chapters 42 and 48.

Good Luck.

Pat

Please Log in or Create an account to join the conversation.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by pata1. Reason: Added information.

Re:Public versus private ESA appeal in :SCOTLAND 7 years 6 months ago #13046

Many thanks Pat, I will have a look at the benchbook.

Robert

Please Log in or Create an account to join the conversation.

Re:Public versus private ESA appeal in :SCOTLAND 7 years 6 months ago #13058

Hi Robert,

Just to agree with what Pat has said. It's actually of fundemental importance that the public are allowed to attend tribunals. Otherwise, before you know it tribunal chairs will be able to say and do what they want and there'll be no way of challenging their account of what happened. And if you sneak a tape recorder into a tribunal you can be imprisoned for it.

So please, on behalf of all claimants, give them hell.

Steve

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
Moderators: bro58GordonMrs Hurtyback
Time to create page: 1.343 seconds