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Tribunals – Requesting a Statement of Reasons

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11 years 8 months ago #89458 by YoursTruly
Advice given in the appeal faq is that you can request a Statement of Reasons and the Record of Proceedings. Is there any time limit for such a request to be submitted? I not, I may wish to do so.

Some years ago, my appeal went to a Tribunal. I was not aware at the time that it was possible to request these two documents. Indeed, I was not even aware of their existence. My benefits advisor did not mention them to me. Another reason to be dis-satisfied with the standard of her representation.

At the tribunal, I was asked to leave the room. The benefits advisor came out to me some minutes later, and told me the appeal had failed. No reason was given, and I was not invited back into the room. Is this standard practice?

YT

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11 years 8 months ago - 11 years 8 months ago #89461 by Crazydiamond
Replied by Crazydiamond on topic Re:Tribunals – Requesting a Statement of Reasons
As you have stated that your tribunal was held "some years ago", it is very unlikely that the statement of reasons for the decision and the record of proceedings will still be available.

These documents will be held for a period of no more than eighteen months, because the time limit for a late appeal citing extenuating circumstances is limited to thirteen months and shortly thereafter they will be routinely destroyed by the Tribunals Service.

If you did not return to the tribunal room with your representative he/she would be able to receive the short decision notice on your behalf, but if you had wished to progress the matter further, it would be the responsibility of the rep and/or yourself to have requested the documents in question, in writing, within one month of the tribunal's decision, unless there were mitigating circumstances which prevented such a request being made.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 8 months ago by Crazydiamond. Reason: Additional info.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 8 months ago - 11 years 8 months ago #89464 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Tribunals – Requesting a Statement of Reasons
Hi YT,

Yes, it has to be within a month of the Tribunal's decision.

As a former DLA Tribunal Member, the appellant and their representative, if they have one are always asked to leave the room whilst the Tribunal reaches a decision. A Tribunal is a court of law, albeit an informal one. An analogy would be where a jury retires in both civil and criminal courts to deliberate on the verdict.

I cannot comment on the standard of your representative.

However, you should have been handed, or sent the Tribunal's decision with a full explanation how they reached their decision, that is the law.

As you say it's some years ago since this happened, whether this matter can be pursued further, I have to say 'I don't know', but you certainly appear to have had a raw deal.

Perhaps Crazydiamond who used to work for the old DHSS/DSS as an Adjudicating Officer, now of course it's the DWP with adjudication being made by Decision Makers could give you a more definitive answer if he's online.

Good luck.

Jim

Mod Edit: Sorry CD, your post wasn't there when I started typing

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 8 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law).

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11 years 8 months ago #89467 by Crazydiamond
Replied by Crazydiamond on topic Re:Tribunals – Requesting a Statement of Reasons
Consider it done! :)

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 8 months ago #89468 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Tribunals – Requesting a Statement of Reasons
Well, I knew you would know the answer :cheer:

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

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11 years 8 months ago #89471 by YoursTruly
Thanks, Jim and CrazyDiamond, for the replies.

Jim, I remember you from a different forum, some years ago. In fact you and Ted gave me some good advice, back then. Good to know that you are still giving help and advice.

.... but you certainly appear to have had a raw deal.


On the whole, I agree.

At the Tribunal itself, ( I was appealing a DLA decision), when I said that I was unable to cook a main meal, the panel member with knowledge of disabilities told me that I could use a microwave/cook a microwave meal. As I understand it, using a microwave does not/did not count as cooking a main meal.

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