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ESA Tribunal: procedural irregularity?
- broughsie
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11 years 9 months ago #89054 by broughsie
ESA Tribunal: procedural irregularity? was created by broughsie
At my ESA Tribunal last week I'd prepared both opening and closing statements in support. There was no chance for either, I simply answered the questions put by the doctor. After 25 minutes the Judge adjourned the hearing to consider the matters. It was only after the adjournment that I was asked if I had anything to say. For a number of reasons, not least my understanding (or misunderstanding) of the term adjourn, I didn't. Would this constitute a procedural irregularity sufficient for me to request the decision be set aside?
I intend to appeal as my appeal was dismissed on the grounds that I didn't meet the criteria set out in schedule 3, even though my appeal clearly stated that it was on the grounds of risk to self/others (i.e. Regulation 35). I'm really confused as to whether I need to appeal or to have set aside or both. Any help would be greatly appreciated.
I intend to appeal as my appeal was dismissed on the grounds that I didn't meet the criteria set out in schedule 3, even though my appeal clearly stated that it was on the grounds of risk to self/others (i.e. Regulation 35). I'm really confused as to whether I need to appeal or to have set aside or both. Any help would be greatly appreciated.
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- slugsta
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11 years 9 months ago #89057 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:ESA Tribunal: procedural irregularity?
Procedural errors and errors of law are not simple matters. In this situation you would be well served by face-to-face advice from somewhere like CAB.
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- Gordon
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11 years 9 months ago #89063 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA Tribunal: procedural irregularity?
broughsie
I am afraid you cannot appeal to the Upper Tribunal on the basis that the Lower court did not find in your favour, from that perspective, you cannot take your case further.
You'll need to get face to face advice as to whether, your not understanding that you still had an opportunity to speak to the panel, constitutes a an Error of Law, such that the Decision should be Set Aside. See
What is an Error of Law?
Whether you pursue this option or not, on the assumption that more than six months have elapsed since the original Decision, you can make a fresh claim for ESA, which can run in parallel to any other action you take.
Gordon
I am afraid you cannot appeal to the Upper Tribunal on the basis that the Lower court did not find in your favour, from that perspective, you cannot take your case further.
You'll need to get face to face advice as to whether, your not understanding that you still had an opportunity to speak to the panel, constitutes a an Error of Law, such that the Decision should be Set Aside. See
What is an Error of Law?
Whether you pursue this option or not, on the assumption that more than six months have elapsed since the original Decision, you can make a fresh claim for ESA, which can run in parallel to any other action you take.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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