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Tribunal appeal query

briancharles5612briancharles5612 Member Posts: 40 Connected
Hi,

Really hoping someone can help.

We may be jumping the gun here, but we had a tribunal hearing yesterday. We turned up to be asked by the judge, had we sent this in, which was a memory stick. We’d sent a video but the clerks in Birmingham said we must send in a thumb drive or disk which we did. We were told they had no facilities to play this and told we should adjourn three times. 

How could we? I work full time and took a day off for this. We were devestated as the video showed how our girl is, but after waiting over a year we felt we couldn’t push it back further.

They then probed, rewording the same questions again and again. At one stage we were asked when discussing the dangers of our child being by a road basically there’s no danger if we’re stopping them and could we not see what happened if we let her get near the road.

Finally we were told the child gets no help in school despite us sending in evidence to the contrary. Which we then had to read out.

We felt destroyed as the evidence was submitted and they seemed to either ignore it or have never got it.

The impression we got from the judge was they weren’t prepared at all and that was why they wanted it adjourned.

We just feel we will get nothing from them. They’re posting the verdict. 

If we left yesterday feeling they handled all the evidence fine, then we’d be happy. We feel though the judge especially didn’t want to do the appeal and was woefully unprepared.

What do we do if they reject the appeal?

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    You will need to ask for a statement of reason and record of proceedings. Then you will need trained advice to find an error in law which you can then appeal to the UTT
    Be all you can be, make  every day count. Namaste
  • briancharles5612briancharles5612 Member Posts: 40 Connected
    Thank you. We just wanted to leave yesterday feeling whatever the decision at least it was all handled correctly. We were so angry about how sloppy everything was.
  • lindadeniselindadenise Member Posts: 302 Pioneering
    Get some advice asap so you can be prepared for a upper tribunal, goodluck its very unfair.
  • briancharles5612briancharles5612 Member Posts: 40 Connected
    Is citizens advice best?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You need to wait for the decision first. If it's not what you're happy with then request the statement of reasons and record of proceedings and go from there.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • lindadeniselindadenise Member Posts: 302 Pioneering
    I think it would be best to get your decision see what the outcome is first. I know citizens advice sometimes have a law advisor but it does depend on the area you live in.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • briancharles5612briancharles5612 Member Posts: 40 Connected
    Thank you all we’re just trying to be prepared .
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As CockneyRebel says, unless that error in law is found you won't be able to take it any further.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • briancharles5612briancharles5612 Member Posts: 40 Connected
    I’m hoping the inability to display evidence or evidence not being forwarded by clerks will be that, but we’ll see. If not nothing we can do. Just a shame.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You were advised to adjourn the hearing which more than likely would have been because they wanted to look at the extra evidence. As you decided against doing this i doubt it will be seen as an error in law. They're not usually long sending a letter with the decision so you should receive that in the next couple of days.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • briancharles5612briancharles5612 Member Posts: 40 Connected
    After 14 months of waiting would you adjourn due to their error? Not being combative we just felt they had us over a barrel. They didn’t mention the other evidence so I think that wasn’t forwarded by the clerks. We only found out that part at the end of the hearing:
  • lindadeniselindadenise Member Posts: 302 Pioneering
    I do understand your predicament it is such a tough waiting game for appeal, hopefully they have given you the award.
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