PIP oral hearing adjourned and now received decision notice based on papers only

sjtj

I have been dealing with my own PIP Tribunal for the last few years, there was a decision made years ago. However they had not applied a current case law so I had the decision overturned/cancelled. So we are back to having the original hearing again, it has been adjourned 3 times for various reasons to do with missing paperwork/ bundles. The directions notice after the most recent adjournment stated in the directions that it was to be relisted for a video hearing. 

Then out of the blue at the weekend I received a Decision Notice. 

My question is if I have always said I would take part in a hearing by video can the Tribunal judge just decide to make the decision on papers only?

poppy123456

It depends. Sometimes the evidence is clear that points should be awarded for certain descriptors so they can make a decision on paper alone before the hearing takes place. If this happens it usually indicates that no further points would be possible.

What was the decision, if you don't mind me asking.

sjtj

There are 5 factual errors in the notice which I have responded to. But I thought there was a right to be heard at a tribunal since the previous direction said it should be relisted for oral hearing. 

poppy123456

As i explained above they can make a decision on paper alone if the evidence is clear that certains points can be awarded for the descriptors.

Yes, i realise there were errors in the first Tribunal decision but what was the decision for this hearing?

sjtj

No I meant there were errors on the decision notice I just received. They stated what level of benefit I received incorrectly 

poppy123456

This is rather complex and i don't know anything about your case or what the actual decision was. This means it's very difficult to give any advice. You really do need to get some expert advice from an agency near you. Start here. https://advicelocal.uk/welfare-benefits

sjtj

Thanks. What I really wanted to know was can they decide on papers only, when they have agreed to video / oral case and there has been a previous oral hearing. Can they suddenly just decide to make decisions on papers only. 

poppy123456

I already answered that question in my first comment. Sometimes it's clear that points can be awarded and they don't need any further information so they will go ahead with the decision. 

We've had threads here in the past where an award has been made by the Tribunal before a hearing takes place.

sjtj

Ok thanks 

poppy123456

It's very difficult to give specific advice because you haven't given enough of information for me to be able to advise you. There would be no point in a hearing going ahead if no further points can be awarded because there would be no questions to ask.

yanni

@sjtj

This document suggests that you are right in thinking the tribunal should have got your agreement to decide the case without a hearing:

 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1134569/consolidated-ftt-sec-rules.pdf

 “CHAPTER 2 Hearings

 Decision with or without a hearing

 27. —(1) Subject to the following paragraphs, the Tribunal must hold a hearing before making a decision which disposes of proceedings unless—

 (a) each party has consented to, or has not objected to, the matter being decided without a hearing;

and

 (b) the Tribunal considers that it is able to decide the matter without a hearing.”

As it says in the introduction of the above document, there is an overriding objective for cases to be dealt with “fairly and justly”. It is difficult to see how your case has been dealt with fairly and justly if you had no opportunity to put your side to the tribunal and this resulted in a negative outcome for you.

 I have also read posts on here where the tribunal has made a decision before a tribunal is held but they have always been where the decision is in favour of the claimant as far as I can remember.

As Poppy says, you need to get some expert advice on this.

 

 

sjtj

@yanni thank you that is very helpful 😊

yanni

Have you requested a statement of reasons and record of proceedings from the tribunal service? You need to do this within one month of the decision being made. It should give you more information about how they reached their decision (and possibly why they suddenly decided to do it on papers only)

kreacher

when i got my pip, i was waiting to go to a tribunal and received a letter that they had reversed the decision so no tribunal