Tribunal Adjournment

Jamescasali
Jamescasali Online Community Member Posts: 91 Connected
in PIP, DLA, ADP and AA
So I had to laugh, had my pip tribunal last week , dwp did not attend, which I was rather un chuffed about, but because id recorded my pip assessment , 50% of which the tribunal accepted as evidence-- the other 50% id lost somehow, the Judge bless him , said he was going to adjourn the hearing to ask DWP if they'd recorded it...! I said  Judge, if they had , you and i would have a copy of it , and as we haven't, they didn't, yes i'm paraphrasing but he was having none of it, so once I got home i rang capita and said did you record it, to which  they obviously said no, now i even said to the Judge don't adjourn it, just ring Capita up they'll confirm it, -which he wouldn't,  common sense eh.
Anyway a letter came out to  marked as  Adjournment notice, in which , the Judge makes a direction that DWP are to attend the next hearing, so a query which i dont seem to be able to  find the answer to is, were they DWP, directed to attend the 1st hearing?
And the Judge also made a direction to me.. lol that I wasnt to record the tribunal (which i thinks a bit mean) as they accepted my copy of the assessment, HMCTS will do that, now as they did not request my consent to record the adjourned tribunal first time around , one can only presume, that HMCTS dont  record tribunals in England, So am I to take from that that the 1st tier Judge doesn't know what hes talking about  Or?

Anyway,  don't suppose it did any harm having it adjourned, i now know the lay of the land so to speak, just a pain , because had common sense prevailed , it could have continued 

More questions than answers, as per usual 

Comments

  • calcotti
    calcotti Online Community Member Posts: 10,000 Championing
    Focusing on the assessment is generally irrelevant anyway. The tribunal needs to be provided with your explanation of the difficulties you experience to convince them that you are entitled to PIP. Tribunals know that assessments are generally of poor quality and don’t need convincing of that.
  • janer1967
    janer1967 Online Community Member Posts: 21,922 Championing
    Dwp very often do not attend tribunal I would go as far to say they don't attend the majority 
  • Jamescasali
    Jamescasali Online Community Member Posts: 91 Connected
    janer1967 said:
    Dwp very often do not attend tribunal I would go as far to say they don't attend the majority 
    That's crazy  but heh if that's the case,  the judges direction  telling them to attend will likely also be ignored
  • Jamescasali
    Jamescasali Online Community Member Posts: 91 Connected
    calcotti said:
    Focusing on the assessment is generally irrelevant anyway. The tribunal needs to be provided with your explanation of the difficulties you experience to convince them that you are entitled to PIP. Tribunals know that assessments are generally of poor quality and don’t need convincing of that.
     Yeah  I guess your right but would have been nice if dwp had attended might have been able  to ask them a few things as for the judge who knows eh
  • Jamescasali
    Jamescasali Online Community Member Posts: 91 Connected
    calcotti said:
    Focusing on the assessment is generally irrelevant anyway. The tribunal needs to be provided with your explanation of the difficulties you experience to convince them that you are entitled to PIP. Tribunals know that assessments are generally of poor quality and don’t need convincing of that.
    Oh I get pip just appealing the level  that's all
  • calcotti
    calcotti Online Community Member Posts: 10,000 Championing
    Jamescasali said:
    calcotti said:
    Focusing on the assessment is generally irrelevant anyway. The tribunal needs to be provided with your explanation of the difficulties you experience to convince them that you are entitled to PIP. Tribunals know that assessments are generally of poor quality and don’t need convincing of that.
     Yeah  I guess your right but would have been nice if dwp had attended ..
    They don't usually and for the most part say nothing. The only time I have seen a DWP rep say anything they were quickly shut down by the judge for taking nonsense.

    Whether or not DWP are present makes no difference to your opportunity to make your case. The tribunal is not about what has happened before, just an opportunity for the tribunal to get an understanding
    of your situation so that they can make an informed decision.
  • Jamescasali
    Jamescasali Online Community Member Posts: 91 Connected
    So I wonder why the judge has issued directions for them to attend if it's pointless them being there?  Any idea whether the tribunals are recorded by hmcts staff?
    Ta
  • Dipsydee
    Dipsydee Online Community Member Posts: 31 Connected
    Hi. When I did a M.R on my review. I also included a a transcript of my assessment (which I recorded covertly). I told dwp that I had recorded my assessment and that some parts of the recording differed to what was written on my report. They didn't change the result of my award  so I'm taking it to tribunal. I asked hmrc to see my pack from dwp which includes my transcript. A few days later, I sent hmrc the audio recording and explained that, as I had sent them the transcript, I thought I should also include the recording. Now they want to know if i asked for permission to record the assessment. I know that I'm allowed to covertly record and that it's admissible in court (it's in dwp recording rules). My question is, how do I word my reply without it sounding rude.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    Dipsydee said:
    Hi. When I did a M.R on my review. I also included a a transcript of my assessment (which I recorded covertly). I told dwp that I had recorded my assessment and that some parts of the recording differed to what was written on my report. They didn't change the result of my award  so I'm taking it to tribunal. I asked hmrc to see my pack from dwp which includes my transcript. A few days later, I sent hmrc the audio recording and explained that, as I had sent them the transcript, I thought I should also include the recording. Now they want to know if i asked for permission to record the assessment. I know that I'm allowed to covertly record and that it's admissible in court (it's in dwp recording rules). My question is, how do I word my reply without it sounding rude.

    It would be HMCTS rather than HMRC. You can record any assessment without telling them, for your own purposes only but what you can't do is use that recording at a Tribunal. If you didn't tell them you were recording it and didn't get permission then you will need to tell HMCTS exactly this.

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