Role of DWP at DLA tribunal?

Hi Gordon,

As in all professions, there are good and bad staff, and Presenting Officers are no exception.

From what I recall when I was a DLA Tribunal Member, PO's did not have the right to question an appellant directly, but they could criticise Decision Makers findings of fact, and that of appellants via the Chair (now Tribunal Judge) if they felt it necessary.

A PO must not be present ( or shouldn't be) in an appeal if the appellant was asked to leave the tribunal room whilst the Tribunal discussed their decision, the PO should also leave the hearing whilst the Tribunal deliberates.

However, I rather suspect nowadays that PO's do discuss appellants cases with Tribunals, when the appellant has been asked to wait in the waiting room whilst the Tribunal deliberates.

Such action would of course breach the rules of 'natural justice' without doubt.

However, these days, I believe the rules of 'natural justice' tend to be ignored by the DWP.

Jim

Hi Gordon,

Just a brief reminder, that 'The Benchbook' in the members area was written in 2006 and is 'out of date'

I don't believe that the latest edition (October 2010) makes any changes to the role of a Presenting Officer, but a lot of our copy has been changed.

Regretfully, the latest edition is not available in the public domain, despite a FOI request from me which was refused on the grounds that 'it wasn't in the public interest' to make it available, despite the facts that other Courts, including the High Court and the Appeals Court have online editions of their Benchbook.

I'll leave it to you to draw your own conclusions, why such an important document was removed from the public domain.

Jim

Jim and Gordon,

Thank you both for your efforts.

Now we know that the PO can question the appellant.

I got the feeling that the PRESENCE of five people "against" me, (even though the security man didn't speak), was such an intimidating experience, that it was almost impossible to deal with.

When the PO said "there doesn't seem to be much evidence of a third heart attack here", I replied,giving the date, and said " the paperwork is in your notes". Unfortunately, I didn't think to get the notes out of my envelope, because the atmosphere was so intimidating. Unfortunately for me, neither did the PO, and the panel did not querie it either.

Jim, you are quite right; the PO left the room at the same time as I did at the consideration stage. I also think you are right about the attitude that pervades the DWP in that it can do as it likes with regards to the public who put a claim in to the Government.

This conversation is now bordering on being unnaceptable to publish, with regards to the rules of the site.

I wish you all well.