- Posts: 51075
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- Submitting evidence to a Tribunal - clarrification
× Members
Submitting evidence to a Tribunal - clarrification
- Gordon
- Topic Author
- Offline
Less More
11 years 11 months ago #86017 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Submitting evidence to a Tribunal - clarrification was created by Gordon
Hi everyone
We are clarrifying our advice regarding the submitting of evidence to an appeal Tribunal.
There is no material change to our advice, but having become aware of communications from a number of Tribunal judges over the last few months, we think it important to re-emphasise the legal requirement, rather than what is happening in practice.
Thank you
Gordon
We are clarrifying our advice regarding the submitting of evidence to an appeal Tribunal.
There is no material change to our advice, but having become aware of communications from a number of Tribunal judges over the last few months, we think it important to re-emphasise the legal requirement, rather than what is happening in practice.
If you wish to provide further evidence once you have read the submission, new rules introduced in November 2008 oblige you to do so within one month of the date on which the bundle was sent out.
In practice it will often be virtually impossible to get medical evidence, for example, within the time limit. You should send in any evidence you can within the time limit and send in any other evidence as soon as it becomes available, along with a letter explaining why it could not be sent earlier.
The tribunal has the power to accept late evidence if it chooses and at the time of writing they seem to be quite happy to do so.
Thank you
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
- Offline
Less More
- Posts: 2076
11 years 11 months ago - 11 years 11 months ago #86033 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Submitting evidence to a Tribunal - clarrification
Just to amplify what Gordon has said on submitting evidence to presumably a Tribunal in the Social Chamber i.e. Tribunals which deal with Social Security Benefits and Child Support Appeals.
Tribunals have wide powers on what evidence to accept and which to reject. A Tribunal is a 'Court of Law' but exercises it's powers in a more lenient way than for example the High Court.
A Tribunal can legally accept 'hearsay' evidence i.e. information from another person about a claimant's ill-health or disability. It can also, subject to the appellant submitting a copy to the DWP, accept recorded evidence be it audio or video if the Tribunal Judge is satisfied that all the legal conditions have been met as was discussed here :http://www.benefitsandwork.co.uk/forum?func=view&catid=10&id=85944
A Tribunal can also do many things that a more formal Court can do, but many claimants are not aware of. These include :
* Compelling the appellant give their evidence on oath, which is rarely exercised.
* Direct that a witness attends to give evidence, including an Atos Health Care Professional, which now includes Nurses, Physiotherapists, Occupational Therapists
as well as GP's and Consultants.
* Direct that a DWP Presenting Officer Officer attends an appeal. If they don't then the Tribunal will almost certainly find in favour of the appellant.
* An enabling role, i.e. ensure that the appellant presents the best case possible,
especially where the appellant is not represented.
A Tribunal has a written set of rules which it must follow. These are contained in 'The Benchbook', a copy of which can be found in the members only area.
Regretfully, 'The Benchbook' in the members area is not the latest copy as it is no longer in the public domain despite a Freedom of Information request by me for a copy. However, the copy in the members area is still a good indication of what is required of a Tribunal, there is really nothing new in the most recent edition.
This is not an exhaustive list, but just an example of the wide powers a Tribunal has to ensure an appellant has fair hearing as is laid down in Article 6 of the Human Rights Act 1998 and under the rules of Natural Justice
Tribunals have wide powers on what evidence to accept and which to reject. A Tribunal is a 'Court of Law' but exercises it's powers in a more lenient way than for example the High Court.
A Tribunal can legally accept 'hearsay' evidence i.e. information from another person about a claimant's ill-health or disability. It can also, subject to the appellant submitting a copy to the DWP, accept recorded evidence be it audio or video if the Tribunal Judge is satisfied that all the legal conditions have been met as was discussed here :http://www.benefitsandwork.co.uk/forum?func=view&catid=10&id=85944
A Tribunal can also do many things that a more formal Court can do, but many claimants are not aware of. These include :
* Compelling the appellant give their evidence on oath, which is rarely exercised.
* Direct that a witness attends to give evidence, including an Atos Health Care Professional, which now includes Nurses, Physiotherapists, Occupational Therapists
as well as GP's and Consultants.
* Direct that a DWP Presenting Officer Officer attends an appeal. If they don't then the Tribunal will almost certainly find in favour of the appellant.
* An enabling role, i.e. ensure that the appellant presents the best case possible,
especially where the appellant is not represented.
A Tribunal has a written set of rules which it must follow. These are contained in 'The Benchbook', a copy of which can be found in the members only area.
Regretfully, 'The Benchbook' in the members area is not the latest copy as it is no longer in the public domain despite a Freedom of Information request by me for a copy. However, the copy in the members area is still a good indication of what is required of a Tribunal, there is really nothing new in the most recent edition.
This is not an exhaustive list, but just an example of the wide powers a Tribunal has to ensure an appellant has fair hearing as is laid down in Article 6 of the Human Rights Act 1998 and under the rules of Natural Justice
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: 11 years 11 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Added further information.
Please Log in or Create an account to join the conversation.
- Gordon
- Topic Author
- Offline
Less More
- Posts: 51075
11 years 11 months ago #86050 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Submitting evidence to a Tribunal - clarrification
bump
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris