Appeals and Courtrooms

Threesticks

This is a question for members who have been through the appeals process. Are the public allowed in ? Is it a Courtroom set up, or an informal office set up. I want to prepare myself. I feel like a criminal defending myself, just waiting is bad enough. Don't they realise or care what this does to people ?

Any help would be much appreciated, thank you in advance. 

poppy123456

Hi,

It's not a court and nothing like it. It's just a room with a table. In the room there will be a Judge, a doctor and maybe a DWP representative. No, it's not open to the public because it's not court.

zakblood

at Tribunal there is just a panel of doctors, and a scribe and then you, no public are allowed, it's quite a nice room, not too small but also quite cosy, or so was mine, then again it's 12 years ago for me for my last one, so most may have changed, but think on it in a positive light, as these aren't the ones who failed you, these are independent and are there to be fair, honest and helpful, they will read your evidence and also alter anything they see is wrong or flawed in your case, with either more evidence or more facts not at the first place or taken into consideration etc, eg my notes all 80 pages weren't read, once read, i had more than enough to get it over turned, and had more details to argue the point with my written statement being somewhat different to there's as the assessments, so didn't match, so could prove beyond a point that only part of what i's said was even taken down, so good luck and down worry, Tribunal is just about the only honest part of all the assessment, with most not even needing it, or get this far

Threesticks

poppy123456 said:

Hi,

It's not a court and nothing like it. It's just a room with a table. In the room there will be a Judge, a doctor and maybe a DWP representative. No, it's not open to the public because it's not court.

If it has a Judge in it, it is a Court. I defended a friend of mine, many years ago. He had to attend an informal hearing. He was a bankrupt. When we arrived it was in a room with one person in it, who looked like he'd just come off the golf course. Sit down he said, then proceeded to inform us, any room is a Court if it has a judge in it. He was a judge, I was told by, said judge to shut up. This judge thought I was my friends Solicitor, so much for rooms that are not Courts, until you put them on their back foot. I take your point though, can you explain why DWP may not be there please ? Oh! I got my friend acquitted

twonker

poppy123456 said:

Hi,

It's not a court and nothing like it. It's just a room with a table. In the room there will be a Judge, a doctor and maybe a DWP representative. No, it's not open to the public because it's not court.

I'm sorry but you are mistaken. It may not work like a normal court setting but it still is a court hearing of a type.
The general public are allowed in. In fact it is even suggested to some claimants that they go along to a hearing to see for themselves how it all works.

There is only one court in Britain for which traditionally the public are not allowed access. The Family Court. All of the others including Tribunals are open to public scrutiny unless ordered closed by the Judge due to the type of case being heard or who the witnesses are.

mikehughescq

1 - social security appeals are public hearings in theory. In practice you will not get entry unless you give advance notice to HMCTS that you wish to attend and observe and even then it will be at the discretion of the judge on the day and dependent upon a number of factors such as the nature of the case; the demeanour of the appellant and so on.

2 - the make up of the tribunal panel varies depending on the benefit and the type of appeal. There is not and never has been a “scribe” @zakblood. A tribunal judge takes notes which form the record of proceedings. 

3 - the presence of a judge does not make the hearing a court hearing @Threesticks.The hearing is a tribunal if the law describes it as such and there are clear and important legal differences including notably a different burden of proof; the lack of a formal order for the hearing and the fact a tribunal is inquisitorial rather than adversarial.

4 - tribunals are held in many different venues of many different sizes. Some are courts. Many are not. The fact a tribunal happens to be held on court premises does not in any way make it a court hearing.