Tribunal witnesses.

Hi,

I am aware that I can call witnesses to a tribunal, but does that only mean witnesses such as friends and family. Has anyone attempted to call the ADA or DM. To explain their reasons, ommissions, incorrect interpretation etc..Is this a non starter ?

Sunbeam

sunbeam75 wrote:

Hi,

I am aware that I can call witnesses to a tribunal, but does that only mean witnesses such as friends and family. Has anyone attempted to call the ADA or DM. To explain their reasons, ommissions, incorrect interpretation etc..Is this a non starter ?

Sunbeam

If you can show good cause, anyone can be subpoenaed to give evidence as a hostile witness. It is up to the Tribunal Judge to decide if this would effect the outcome of an appeal. Witnesses can also be ordered by the Judge to attend and if necessary give their evidence on oath.

When I sat on DLA Tribunals, I remember DWP Presenting Officers and EMP's being ordered to attend an appeal. A failure to do so amounts to 'contempt of court' albeit that Tribunals are informal and inquisitorial, they are still a 'Court of Law'

You need to seek 'face to face' advice from a Welfare Rights Lawyer, who usually work in Community Law Centres who can access your case papers. We cannot give this kind of advice in an open forum.

Jim
retired Welfare Rights Lawyer & DLA Tribunal Member.

Hi,
Many thanks for the informative replies. Jim, I have already made contact with a local Welfare Righrs Pro who is going to cast an eye over my submission when completed.

Thanks again,

Sunbeam

Hi Sunbeam,

You're more than welcome.

Good luck

Jim