Upper Tribunal - next stage of the journey

Hi everyone,
Following a refusal for leave to appeal UT by the FTT, the deadline for submitting my request to the Upper Tribunal directly, has been submitted.

As time was marching on, things became more frought, when I found out WRU were unable to help me beyond FTT. They cannot offer representation anyway, but they have been good in their advice/support thus far.

Then I ended up in hospital with a severe kidney infection and sepsis and could barely stay conscious, let alone deal with anything as complex and as stressful as trying to get permission for leave to appeal UT.

Usually, all the paperwork is submitted old school and by Royal Mail, but given the circumstances, I knew Id miss thr deadline if I didnthings via conventional route, even tracked and posted special delivery.

Managed to gey all the correct forms, docs etc scanned onto laptop and simply printed off the page requjring signature, rescanned it into the laptop, along with evidentiary letter proving id been admitted as in patient with pyleonephritis/sepsis, sent in the original coly of refusal of my appeal for Pip, Statement of reasons from ftt and coly of their refusal for permission of leave appeal UT.

All this sent to UT didect, electronically, explaining reasons why I was unable send via post.

As Mike [removed by moderator] suggested, there was little need to rewrite the reaspns requesting leave to appeal to UT, other than to add a cover letter explaing why I was unable to physically post the docs and medical evidence supporting tbe fact Id been admitted to hospital.

I do have ihe reassurance fro? WRU, along with two of their most senior advisors, that they agree my appeal should not have been denied at FTT. They further agrred with the assertion of an error in law, also that the FTT failed to give adequate reason as to why they refused my request for leave to appeal UT.

Their responsr was pretty much, just because the appellant disagrees with the tribunal,s decision, doesnt mean that an error in law occurred at FTT.

Whilst that may be true, it also does not address the 'error in law' that I believe the FTT made with regards to my appeal. In fact, their refusal of my request for leave, makes no mention at all, of the errors in law that I believe were made. Nor does it address any of the other issues mentioned as to why I believe there was a breach of natural justice, evidence not taken into consideration, my witness (son) not being allowed to give his oral evidrnce as a witness, st the end of my hearing as promised.

Based on these points and the fact WRU told me they only offer their help (but not representation) on cases they believe have merit or that they can win, I am cautioisly optimistic that the UT will be my saving grace.

It was heartening to learn that the person who had advised me through the FTT, double checked with her boss and her bosses boss, that the perceived errors in laws made in my my hearing, were all unanimously agrred upon by three levels of WRights experts.

The woman who had advised me throigh FTT was going away on leave from Friday and during my my deadline time and beyond, as such, advised abouy sending docs electronically.

Its now quite literally in the hands of the gods and all I can do, is hope fervently, that the UT will see the points Ive been trying to get them to see. Also that they will see what to me, look like glaringly obviois errors and put this right asap.

Mike. Can you think of anything that I mightve forgotten or shouldve mentioned/said? Anything Ive potentialli missed?

Am I right in thinking that an UT has the power to amend the decision to that which he believes the FTT should have made? (I mean without having to go through thr whole rigmarole of sending bk to new FTT?

Obviously this would be the best possible outcome If it is in fact a possibility for a UT judge to do?

Or would he still have to say yes (or no) to my request to ask leave to appeal? Then either amend the decision to what the ftt judge have, sset aside the decision, or continue on with permission granted (or refused if he believes thede was no edror in law?

Many thanks once again in advance and patience if youve managed to get this far snd sre still. Rrading my message.

Thanks again for any insights, opinions, advice etc 

Enjoy the rest of the weyk-end,

Cat xx