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Can the Tribunal access medical reports

charlotte84charlotte84 Member Posts: 54 Connected
Good morning everyone I hope someone can help me my partner has a tribunal hearing next Tuesday but the thing is he hasn’t got enough time to get his last report from his ultrasound he had last week as they said he has to apply for it and it can take 30 days. My question is are the professionals at the tribunal able to access his records there and then. We spoke with someone at our local hospitals ultrasound department who was so lovely as we’ve been messed around so much trying to gain this last report and he said that the doctor at the tribunal may be able to access the clinical portal? I just wondered if anyone knew if this was true? Thankyou 

Replies

  • calcotticalcotti Member Posts: 2,767 Disability Gamechanger
    edited July 22
    It is not the tribunal’s function to seek out evidence (even if they could access it, which I doubt).
    Remember that awards are anyway about impact not diagnosis so an ultrasound report is not necessarily helpful.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • mikehughescqmikehughescq Member Posts: 7,199 Disability Gamechanger
    The Tribunal Procedure Rules allow a tribunal to request whatever medical evidence they require and that includes medical evidence. So yeah, in theory, you could attend and ask them to request it but like @calcotti I don't see that said report would especially be relevant.

    An ultrasound may show a specific physical problem but is that really in dispute. The decision you're disputing will not have said that they think the condition does not exist. It will have said that the consequences of the condition do not merit sufficient points. You need to forget about the report and focus on whether you have enough anecdotal evidence of specific examples of incidents which relate to the points he needs. That is what your appeal will likely turn on. 

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