DLA TRIBUNAL MISSED

lucal88

Can anyone please advise me if anything can be done please? 

I applied for DLA for my 4 year old son in 2022. I was awarded HRC for him, no mobility. I submitted an MR but because I believe he is also entitled to HRM under SMI. However, I was waiting for psychological reports to prove this. I didn't get them in time so the MR was declined. I then logged an appeal.

I kept chasing the hospital for the two physiological assessments he had so I could use it as evidence for SMI, it took them 9 months to send me it.

However, once finally received, I logged onto the tribunal portal to submit the reports as evidence to find the hearing had already happened and the case was closed, decision upheld. 

I didn't receive any notification of the hearing, no email, text or letter! 

Is there anything I can do about this? I've been waiting over a year. Surely they can't just have a hearing without notifying me? 

Thanks

poppy123456

Did you request a paper based hearing? Seems to me like this is what you did. When you do this the hearing will take place when they have time to do it, so between in person/ telephone hearings.

Paper based hearings have a very low success rate. For this reason either appearing in person or having a telephone hearing would have been in your best interests.

You should have received a decision letter once it was made so I’m very surprised you didn’t.

You can only appeal a Tribunal decision on error of law. To do this you must first request the statement of reasons and record of proceedings within 1 month of the date of the decision. Once you receive them you need to find someone to take a look to see if they can find the error in law. If they can’t then you can’t take it any further. 

Whether anything can be done because you didn’t receive the decision letter, I don’t know. Do you know when the decision was made? 

When waiting for a Tribunal hearing you should really be checking your appeal online regularly for any updates. 

WhatThe

TMFL,

Unfortunately your reply is judgemental and a bit insensitive.  

Surely in this day and age we can all expect to be notified in advance of a Tribunal hearing then informed of the outcome by post? Lucal received neither so does not need to be berated by anybody.  

Not everyone is tech-savvy or has continuous access to the internet. We return paper application forms and for precisely this reason, any decisions should be notified in kind. 

WhatThe

Lucal, if you haven't already then insist that the court provides you with all documentation relating to the DWP appeal response and ask for the hearing to be held again. Of course this isn't right. 

poppy123456

WhatThe said:

Surely in this day and age we can all expect to be notified in advance of a Tribunal hearing

No, this isn't correct if a paper based hearing was requested. For those they will just do the hearing when they have chance inbetween other hearings.

WhatThe

Surely they can't just have a hearing without notifying me? 

Um well I believe it is correct to expect to be notified before and after any Tribunal hearing. 

A paper-based hearing can be notified digitally and was not. 
Every Tribunal outcome is notified by post, sometimes also digitally and in this case was not. 
 
("you should really be" isn't what anyone wants to hear when asking for support and advice)

poppy123456

Yes you would expect them to send out a decision letter, even after a paper based hearing. Which is why i did say i was suprised they didn't receive one.

poppy123456 said:

You should have received a decision letter once it was made so I’m very surprised you didn’t.

What you wouldn't expect is a date for when the hearing will take place because they don't send out dates for paper based hearings.

WhatThe said:

("you should really be" isn't what anyone wants to hear when asking for support and advice)

Can't disagree with that!

lucal88

Sorry for the late reply. I didn't request a paper based hearing but they informed me that an email would have been sent to me 24 hours before the hearing was to take place via video link. 
I didn't receive an email or any notification of the hearing.