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Tribunal adjourned - Autism

Rebecca8Rebecca8 Member Posts: 2 Listener
edited July 2018 in PIP, DLA and AA
hello
does anyone have any experience of a tribunal refusing to hear a case?
I turned up today on behalf on my son to be told they had read through his files and wouldn’t hear his case at all because they feel he may not get fair representation?
This has now been ongoing since Sept and they’ve just left me with a leaflet for an advice service who have a month long waiting list for a call back and no idea of when they will hear his case!!

the notice says they want to ask for all his medical records, which they already have all the letters for, a presenting officer to attend and I have to seek advice from a local welfare rights organisation 

any help appreciated 

thank you 

Replies

  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @Rebecca8 and a warm welcome to the community! I am sorry you turned up to the tribunal and it didn't happen. I hope you get the advice you are looking for. If there is anything I can do in the meantime then please do not hesitate to be in touch!
    Community Partner
    Scope

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  • YadnadYadnad Posts: 2,856 Member
    Rebecca8 said:
    hello
    does anyone have any experience of a tribunal refusing to hear a case?
    I turned up today on behalf on my son to be told they had read through his files and wouldn’t hear his case at all because they feel he may not get fair representation?
    This has now been ongoing since Sept and they’ve just left me with a leaflet for an advice service who have a month long waiting list for a call back and no idea of when they will hear his case!!

    the notice says they want to ask for all his medical records, which they already have all the letters for, a presenting officer to attend and I have to seek advice from a local welfare rights organisation 

    any help appreciated 

    thank you 
    Grief that goes against what I have been told on here and by the DWP. The DWP insist that you don't need professional help when going for an appeal. The panel only want to hear from the claimant. Likewise a WRO has indicated that most people are well able to present their own case without looking or needing any help.

    That decision of the Tribunal is a strange one for me.
  • mikehughescqmikehughescq Member Posts: 6,009 Disability Gamechanger
    It’s not that they’re refusing to hear the case. They’re saying you may not be best placed to present it. I can’t comment on why that might be and it may or may not be correct but they’re hinting you need representation and using the opportunity to obtain medical records whilst they’re at it. 

    Could be a few reasons for that. They may think he doesn’t qualify and want a rep. to tell you that so you understand why. They may think you weren’t able to articulate the things they needed to explore and that a rep might better do that. They may just have wanted to get the heck out for a variety of reasons. I’ve had tribunal members wanting to adjourn because they always met their partner fir coffee at 3pm on Friday or they had a GP session to get back to. 

    Bottom line. You can’t know why until you get yourself a representative to assess the merits of the case. If it takes more than a month to do that then so be it. If HMCTS relish in the meantime a postponement can always be requested.
  • Rebecca8Rebecca8 Member Posts: 2 Listener
    Mike
    they said the case was too complex and if they heard it based on what they had he wouldn’t get fair representation 
    thankfully a local charity have stepped in to take over so fingers crossed!!
    j never went there expecting them to say before we start we won’t be hearing this today!
  • mikehughescqmikehughescq Member Posts: 6,009 Disability Gamechanger
    That’s an odd and rather disjointed explanation. Not sure I buy it.

    Incidentally, “relish” = “relist”.
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