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ESA appeal Police called
- witch1e
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11 years 4 weeks ago - 11 years 4 weeks ago #101751 by witch1e
ESA appeal Police called was created by witch1e
Could anyone please tell me if this is normal procedure for an ESA appeal
My son had his appeal for ESA at the towns magistrates court My son has severe Chrones disease and loses control of his bowels at least once a week, he also has a non union of his tibia and fibula which affects his mobility, he also has depression which is being treated by his GP.
On entering the building he was stopped by G4 security staff and asked what he had in his bag. He replied that he had a change of clothing and explained why. The security guard searched his bag and then asked him again why he needed a change of clothing This was in the main entrance to the building within hearing and sight of everyone. They then ran a scanner over his body which bleeped because of the metal work in his leg. My son explained that he had pins in his leg but the security guard then called the police because " we aren't allowed to strip search you " while waiting for the police to attend my son was kept standing in the entrance with only a wall to lean on, despite saying that he was in pain and asking for a seat. The police arrived and took him into a separate room saying that they had to search him. My son had to remove his trousers to show the police his scars. The police were instantly satisfied and my son then gained access to the court. The panel simply refused to believe that my son lost control of his bowels and refused his appeal. The point is that my son was so upset by the events just prior his hearing he wasn't able to think straight and argue his case, He had a supporting letter from his GP and I don't know what else, apart from soiling himself in front of the panel, he can do to prove his case Any thoughts anyone ?
My son had his appeal for ESA at the towns magistrates court My son has severe Chrones disease and loses control of his bowels at least once a week, he also has a non union of his tibia and fibula which affects his mobility, he also has depression which is being treated by his GP.
On entering the building he was stopped by G4 security staff and asked what he had in his bag. He replied that he had a change of clothing and explained why. The security guard searched his bag and then asked him again why he needed a change of clothing This was in the main entrance to the building within hearing and sight of everyone. They then ran a scanner over his body which bleeped because of the metal work in his leg. My son explained that he had pins in his leg but the security guard then called the police because " we aren't allowed to strip search you " while waiting for the police to attend my son was kept standing in the entrance with only a wall to lean on, despite saying that he was in pain and asking for a seat. The police arrived and took him into a separate room saying that they had to search him. My son had to remove his trousers to show the police his scars. The police were instantly satisfied and my son then gained access to the court. The panel simply refused to believe that my son lost control of his bowels and refused his appeal. The point is that my son was so upset by the events just prior his hearing he wasn't able to think straight and argue his case, He had a supporting letter from his GP and I don't know what else, apart from soiling himself in front of the panel, he can do to prove his case Any thoughts anyone ?
Last edit: 11 years 4 weeks ago by Gordon.
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11 years 4 weeks ago - 11 years 4 weeks ago #101756 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA appeal Police called
witch1e
If I can separate the two issues.
He might want to consider complaining to the Tribunal Service over the way that guard handled his entry to the building, whilst I am sure that they have a duty to ensure the safety of everyone within the building, their actions, seem to me, to have exceeded what would be right and proper.
Complaining to the Tribunal Service
With regard his Tribunal, his options are limited, if he can show that there has been an Error of Law then he can appeal to the Upper Tribunal, however, if his original appeal was for a Fit for Work Decision, then he will not receive payment whilst this happens, although he should be able to make a new claim for ESA, which can run in parallel.
Whether he subsequently decides to pursue an appeal to the UT or not the first action he needs to do is to request a Statement of Reasons , which will explain how the panel came to their Decision.
We can only offer general advise on taking a claim to the UT, he should get face to face advice from a benefit advisor with experience in this area, see
Where to get advice?
Gordon
If I can separate the two issues.
He might want to consider complaining to the Tribunal Service over the way that guard handled his entry to the building, whilst I am sure that they have a duty to ensure the safety of everyone within the building, their actions, seem to me, to have exceeded what would be right and proper.
Complaining to the Tribunal Service
With regard his Tribunal, his options are limited, if he can show that there has been an Error of Law then he can appeal to the Upper Tribunal, however, if his original appeal was for a Fit for Work Decision, then he will not receive payment whilst this happens, although he should be able to make a new claim for ESA, which can run in parallel.
Whether he subsequently decides to pursue an appeal to the UT or not the first action he needs to do is to request a Statement of Reasons , which will explain how the panel came to their Decision.
We can only offer general advise on taking a claim to the UT, he should get face to face advice from a benefit advisor with experience in this area, see
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 4 weeks ago by Gordon.
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