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Role of DWP at DLA tribunal?
- Lyn
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12 years 11 months ago #81223 by Lyn
Replied by Lyn on topic Re:Role of DWP at DLA tribunal?
Hello - I attended a DLA tribunal, and the DWP DM was on the same side as me, I did however have a friend either side of me so I was comfortable with that; My tribunal lasted no more than 20 mins, and got HRM & LRC, the only thing the DM from DWP said to me was that he wondered why I'd gone back to work, I explained it was for me to see if I could cope, I did 5wks at 20hrs per week,I couldn't manage, hence the reason I was with them today.
Tell your friend not to worry too much, in fairness to the tribunal service I think they were fair to me, it would be great if someone such as yourself attends with her, this would help enormously.
Tell your friend good luck.
Tell your friend not to worry too much, in fairness to the tribunal service I think they were fair to me, it would be great if someone such as yourself attends with her, this would help enormously.
Tell your friend good luck.
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- paul
12 years 11 months ago #81239 by paul
Replied by paul on topic Re:Role of DWP at DLA tribunal?
Hi Mrs H,
I forgot to mention that, contrary to Gordon's understanding, the judge told me that after his questioning (the judges), the DWP man would ask some questions.
He asked me if I could change gear, if I could pull the handbrake up, what sort of car I had. All done,I suspect, to "give the panel the impression" that I was not disabled.
If Gordon's remarks are true, and he wasn't supposed to ask questions, then I would have been in a position to make a formal complaint to the Tribunals Service, but I didn't know that at the time.
Take heart from the attitude of the lady at 80811 (page five). Your friend has nothing to lose by attending.
I forgot to mention that, contrary to Gordon's understanding, the judge told me that after his questioning (the judges), the DWP man would ask some questions.
He asked me if I could change gear, if I could pull the handbrake up, what sort of car I had. All done,I suspect, to "give the panel the impression" that I was not disabled.
If Gordon's remarks are true, and he wasn't supposed to ask questions, then I would have been in a position to make a formal complaint to the Tribunals Service, but I didn't know that at the time.
Take heart from the attitude of the lady at 80811 (page five). Your friend has nothing to lose by attending.
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- Gordon
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12 years 11 months ago #81267 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Role of DWP at DLA tribunal?
Paul
I will see if I can find a definitive statement regarding the role of the DWP Presenting Officer at a Tribunal.
This is the second post where the PO has questioned the claimant, and I am being generous, as the other example came more under the heading of interrogation.
I will post a new FAQ once I have the information.
Gordon
I will see if I can find a definitive statement regarding the role of the DWP Presenting Officer at a Tribunal.
This is the second post where the PO has questioned the claimant, and I am being generous, as the other example came more under the heading of interrogation.
I will post a new FAQ once I have the information.
Gordon
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 11 months ago #81308 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:Role of DWP at DLA tribunal?
It is and always been that the role of a 'Presenting Officer', who are senior Decision Makers, but based in Bootle, Merseyside rather than at Blackpool, their role for DLA is not to win the case for the DWP, but to act as 'amicus curie', which literally means 'friend of the court'
For example, if a Decision Maker makes a submission to a Tribunal quoting case law that backs up the DM's decision, then if the Presenting Officer has knowledge of case law not in the DM"s submission, then the PO is duty bound to bring up Commissioners Decisions that are in favour of the appellant.
To the best of my knowledge, the role of a Presenting Officer hasn't changed and again to the best of my knowledge, there are no plans to change the 'status quo'
in their role.
This was confirmed by a Presenting Officer whom I knew when I was a DLA Tribunal member when I spoke to him earlier today.
Jim
For example, if a Decision Maker makes a submission to a Tribunal quoting case law that backs up the DM's decision, then if the Presenting Officer has knowledge of case law not in the DM"s submission, then the PO is duty bound to bring up Commissioners Decisions that are in favour of the appellant.
To the best of my knowledge, the role of a Presenting Officer hasn't changed and again to the best of my knowledge, there are no plans to change the 'status quo'
in their role.
This was confirmed by a Presenting Officer whom I knew when I was a DLA Tribunal member when I spoke to him earlier today.
Jim
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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- Gordon
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12 years 11 months ago #81313 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Role of DWP at DLA tribunal?
Jim
You'll have to forgive me, but your post appears to be at odds with the comments of at least two members reporting on their hearings.
Perhaps you could clarify from your understanding of the role, is the Presenting Officer allowed to directly question the claimant? And, in the case of yesterdays post , to actually disagree with the statements of the claimant both at the hearing and in their evidence?
Gordon
You'll have to forgive me, but your post appears to be at odds with the comments of at least two members reporting on their hearings.
Perhaps you could clarify from your understanding of the role, is the Presenting Officer allowed to directly question the claimant? And, in the case of yesterdays post , to actually disagree with the statements of the claimant both at the hearing and in their evidence?
Gordon
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- Gordon
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12 years 11 months ago - 12 years 11 months ago #81317 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Role of DWP at DLA tribunal?
I've finally had a moment to check the Benchbook, there is a copy in the Members Only area.
The following is an extract from a longer description of the role of a Presenting Officer:
Gordon
The following is an extract from a longer description of the role of a Presenting Officer:
I hope this explains the role of a PO more clearly.1. A presenting officer, being a representative of the Secretary of State, is entitled to be present at the hearing, to be heard, to call witnesses and to question any witness: DA Reg 49(11).
2. The presenting officer is there to act as an advocate on behalf of the Agency, but should not adopt either an offensive or defensive role in respect of decisions made either by himself or a colleague; he should however be permitted to ask questions of the appellant on any relevant issues, and indeed should be encouraged to do so, as long as the 'cross-examination' is carried out in a restrained manner, as this emphasises the impartiality of the tribunal.
3. He should also act as an amicus curiae ('friend of the court') to ensure that all the relevant facts are before the tribunal, to refer the tribunal to all relevant Commissioners' decisions and to assist it in arriving at the correct decision in law on the facts of the case.
Gordon
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Last edit: 12 years 11 months ago by Gordon.
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