When do you get detailed report from a tribunal?

Becky93

Hi,

So I finally got the result of my tribunal in the post today and was successful, but the details are really thin on the ground. As in it basically just says what points they are awarding me for which descriptor with little detail beyond that. I know in cases online, there are normally detailed reasons, when do you actually receive this? Or do I have to do something to receive this.

In part I ask that although I was successful in being award the enhanced rate on daily living, I was awarded the standard rate on mobility, being 2 points short of the enhanced rate, so I would be interested in reading any details on why this was, but what I received in the post has today as no real details at all, and only talks of applying for statement of reasons if you're interested in appealing.

Thank you

calcotti

They do not provide a detailed report of the decision, they just provide the decision letter.

They will only provide a Statement of Reasons if you request one and you should only ask for this if you are considering looking to see if there is an error in law because you are wanting to appeal to the Upper Tribunal.

Becky93

calcotti said:

They do not provide a detailed report of the decision, they just provide the decision letter.

They will only provide a Statement of Reasons if you request one and you should only ask for this if you are considering looking to see if there is an error in law because you are wanting to appeal to the Upper Tribunal.

Ok, thanks. I guess I am really not looking at doing this, as I think the chances of appealing would be minimal, it would have been interesting to know why they didn't side with me on the mobility descriptor though, given they sided me on all the others, and there is no mention of it whatsoever.

How come the cases you read online are different then? Eg. they will be about 17 paragraphs online, what I received was boxes for daily living descriptors and points awarded, and same for mobility (planning and following a route) with about 4 lines of actual writing below them.

calcotti

I don’t know what you are referring to about reading online.

The first tier tribunal decision simply needs to identify the descriptors against which it has reached points which then therefore determines the decision. The Statement of Reasons is only prepared if requested (it requires a significant amount work from the judge).

Becky93

calcotti said:

I don’t know what you are referring to about reading online.

The first tier tribunal decision simply needs to identify the descriptors against which it has reached points which then therefore determines the decision. The Statement of Reasons is only prepared if requested (it requires a significant amount work from the judge).

Ok so for example this is how cases appear online:

https://assets.publishing.service.gov.uk/media/59019c04e5274a06b3000261/CPIP_3622_2016-00.pdf

My decision letter is set out nothing like that.

poppy123456

I wouldn't expect your decision to be anything like that. That's from the Upper Tribunal, with directions and reasons.

Your decision was from First Tier Tribunal.

Becky93

poppy123456 said:

I wouldn't expect your decision to be anything like that. That's from the Upper Tribunal, with directions and reasons.

Your decision was from First Tier Tribunal.

I see. Thank you. And yes it was nothing like that. Mine was 1 page, with no real detail of why the points that were awarded were done so. I would have liked to have known why they didn't side with me on the mobility descriptor, but I am not going to appeal so not going to dig to find out.

poppy123456

You can't appeal it just because you disagree anyway. You can only appeal on error of law. It's normal for decisions to be just basic.

calcotti

Becky93 said:

calcotti said:

I don’t know what you are referring to about reading online.

The first tier tribunal decision simply needs to identify the descriptors against which it has reached points which then therefore determines the decision. The Statement of Reasons is only prepared if requested (it requires a significant amount work from the judge).

Ok so for example this is how cases appear online:

https://assets.publishing.service.gov.uk/media/59019c04e5274a06b3000261/CPIP_3622_2016-00.pdf

My decision letter is set out nothing like that.

You were asking about information from the first tier trial but are looking online at the upper tier tribunal decision.