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Tribunals

Bennyboy1928Bennyboy1928 Member Posts: 30 Listener
I have been waiting for the date for my tribunal. I today received a letter ftom the courts saying my appeal has been refused. Is this allowed? I talways thought thst I was to be at my own tribunal. They say I can appeal against the decision. I'm so mixed up about this. 

Replies

  • poppy123456poppy123456 Community champion Posts: 18,500 Disability Gamechanger
    HI,

    Did you tell HMCTS that you were appearing in person? What does the letter actually say? It's difficult to advise without knowing this. Also are you sure it's from HMCTS and not from DWP stating they appose the appeal?
    Community champion and 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.
  • Bennyboy1928Bennyboy1928 Member Posts: 30 Listener
    No it's from the Hmcts. It starts off saying a tribunal heard my appeal on 11/02/2020. It goes on to say a copy of the tribunals decision is automatically issued to the other side in your appeal usually on the same day the tribunal makes the decision or within a day or two later. The heading of the last page is First-Tier Tribunal Social Entitlement Chamber. It then gives dates saying it was held 11/2/20 before Judge GS Newhall Mrs M Taylor  and Dr SMDoherty. Then at the bottom it says I'm not entitled to any pip from 20/8/2019.Im wondering if this the final decision notice. I'm going to call them tomorrow. It just doesn't seem right. I never told them I would not be attending the hearing. Thanks 
  • tommtomm Member Posts: 225 Pioneering
    edited February 13
    If they failed to inform you of the date and time of the hearing before the that scheduled date/time, usually 3 weeks before the hearing , then you will be able to get that decision set aside and heard again by a different panel,It's unusual for them not to send notice, i would think that the letter probably has gone astray in the postal system, You will have to 1st request a statement of reasons and ROP  record of proceedings, and then take it from there, you have 4 weeks usually to request these , i once was unable to get to an esa hearing due to having no money to buy the train ticket, they were informed prior to this and requested to postpone but decided not to, i appealed and my case was re heard, they used the access to justice ruling

  • Bennyboy1928Bennyboy1928 Member Posts: 30 Listener
    Hope so. Thanks for that. I will call them first thing tomorrow. Cheers. 
  • poppy123456poppy123456 Community champion Posts: 18,500 Disability Gamechanger
    @mikehughescq your advice would be appreciated here please. Thanks in advance.
    Community champion and 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.
  • tommtomm Member Posts: 225 Pioneering
    edited February 13

    Rule 27(1) states that a tribunal must hold an oral hearing before deciding an appeal, unless each party has consented, or not objected, to a decision without a hearing, and the tribunal considers it is able to decide the mat-ter without a hearing.

    Rule 31 states that if a party fails to attend an oral hearing, the tribunal may proceed with the hearing if it is satisfied that the party has been notified of the hearing, or reasonable steps have been taken to notify her/him, and it is in the interests of justice to proceed with the hearing

    https://cpag.org.uk/welfare-rights/resources/article/deciding-appeals-absence-claimants



  • Bennyboy1928Bennyboy1928 Member Posts: 30 Listener
    Thankyou. I'm in an awful state worried about what is going to happen next. I will contact them in the morning😢
  • poppy123456poppy123456 Community champion Posts: 18,500 Disability Gamechanger
    Are you sure you didn't receive any letters telling you about the hearing date?
    Community champion and 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.
  • Bennyboy1928Bennyboy1928 Member Posts: 30 Listener
    No. Definitely not as Ive been waiting patiently for the date to come in. 
  • mikehughescqmikehughescq Member Posts: 3,720 Disability Gamechanger
    We need an answer to the question @poppy123456 posed first @Bennyboy1928. When the appeal was made did you

    a) request an oral hearing, 
    b) decline consent to list with less than 14 days notice.

    Should be easy to answer as the SSCS1 appeal form will be in your appeal papers.

    If the answer to both is yes then you don’t need an SOR/ROP. You simply write to HMCTS and ask them to set aside the decision.

    If the answer to a) was no then you do indeed have to request the SOR/ROP and will need advice on interpreting what they say.
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