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Tribunal adjourned case.

AFBAFB Member Posts: 64 Courageous
edited February 2018 in PIP, DLA and AA
Hi

I attended a tribunal case for as im her appointee my mother but when i entered the courtroom. The tribunal judge had said we gave a problem as a language barrier for your mother and require a translator. Do you know how long it takes to reschedule a tribunal date. Thanks


Replies

  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Hi @AFB

    Did they give you any idea of times? It may be worth you calling and asking?
    Scope
    Senior online community officer
  • AFBAFB Member Posts: 64 Courageous
    No they just said that you'll be at top of list Thanks. I will
  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    It must be frustrating to have to wait, but at least you know they are trying to make sure your mum is fully supported and that the tribunal is accessible to her.
    Scope
    Senior online community officer
  • mikehughescqmikehughescq Member Posts: 6,006 Disability Gamechanger
    Okay, so they've adjourned for an interpreter. Why wasn't it specified on the appeal form (SSCS1) that one was needed? Or was it?

    Usual routine is that adjourned cases in these circumstances are relisted within 8 to 12 weeks. 
  • AFBAFB Member Posts: 64 Courageous
    Thanks for the replies. As I told them she needed so i dont know what happen?
  • AFBAFB Member Posts: 64 Courageous
    Its been 5 weeks and I still havent received a date to comeback. Im really depressed and angry. They told me 5 weeks and you'll get a date. But i havent still got a date from tribunal. They told me there no waiting time to relist your tribunal date. 
  • AFBAFB Member Posts: 64 Courageous
    Any help or advice would be grateful.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Best thing is to ring the tribunal clerk

    CR
    Be all you can be, make  every day count. Namaste
  • mikehughescqmikehughescq Member Posts: 6,006 Disability Gamechanger
    I’ve no idea why they would have told you it’s 5 weeks. It’s 8 to 12 for a re-listing at present and you don’t really want to push that. This is your opportunity to review your case and make sure it is focused on the right things. If you demand an earlier listing you tend to find that it gets wedged in and the panel either won’t receive the papers with sufficient time to preview or won’t have received them at all thanks to the vagaries of the postal system. If you want to win then give yourself a chance of having a well prepared panel.

    Bear in mind that HMCTS have a contract with an interpretation company and there are multiple issues with that contract which won’t be going away any time soon. So, these companies are pretty much part of the gig economy. They employ people who are often very highly qualified in other areas but unable to find work for anything other than their language skills. They pay them low pay and allow stupidly small travel times between jobs. Thus they are often late and harassed. They often can’t stay for a lengthy hearing and cut corners in consequence. They are often resentful that your income may be higher then theirs and indeed they may feel your impairment is lower than theirs. Such is the pressure on them they will often say they have dialiects and languages which they do not so you can turn up on the day finding yourself having to argue for another adjournment because either the interpreter does not have (or have sufficient of) the stated language or they are putting words into or out of the claimants mouth e.g. the claimant gives a 2 minute answer to a question and the interpreter just says “She says yes” or the interpreter gives a completely different answer to what the claimant said. Tribunals are usually, but not a;ways, aware when this nonsense goes on. None of this is a criticism of the interpreters themselves. They are in a very difficult position. My point is that pushing for a hearing date also puts pressure on a company to provide an interpreter who may not be wholly appropriate.

    However desirable speedy justice may be that has to be balanced by the potential to be so anxious about every aspect of a case that you shoot yoyrsejf in the foot and make it more likely you will lose. 
  • AFBAFB Member Posts: 64 Courageous
    Im fighting the case on behalf of my mother as she has mental health problems and I'm her appointee so do you think they ask me the question as my mother cannot cooperate due to her mental health and even though their will be a translater for my mum she wont cooperate with them.
  • mikehughescqmikehughescq Member Posts: 6,006 Disability Gamechanger
    It’s up to you to explain that to the tribunal in a written submission in advance and again on the day. It’s open to the tribunal to attempt to communicate directly with your mother and you should consider it reasonable for them to try so they can see the issue for themselves. 
  • AFBAFB Member Posts: 64 Courageous
    Thanks for the advice.
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