What
happens at a tribunal hearing?
At the tribunal venue you will be met by a security officer or the clerk to the
tribunal. They will show you into a waiting-room and the clerk will give you an
indication of when your appeal hearing will begin, sort out any expenses claim
you may have and deal with any last minute enquiries about the arrangements for
the hearing. The clerk will also
be present from time to time in the tribunal room during the hearing in case the
tribunal needs administrative assistance.
In the tribunal hearing
You will be called in to the hearing room.
There are usually three people on the panel for Disability Living
Allowance appeals (Judge, Doctor, and a lay Disability Adviser) and two people
for Employment and Support Allowance appeals (Judge and Doctor).
Some appeals will just be before the Judge.
You will not be asked to have a medical examination, unless you are
appealing an industrial injuries decision. It is possible that another person from
the Department of Work and Pensions will also be there, but although they have
the right to ask some questions, they will not be part of the decision-making
process.
Although
this is a legal and therefore formal process, it is not the same as going to
Court; you are not on trial. The
panel will just be asking you questions to see if they agree that the decision
that has been made is correct, or whether they can decide in your favour.
They should be asking about how you were at the time when the decision was made, not
how things are for you now. If
your condition has got worse since the original decision, you will need to make
a new claim (about a different set of circumstances); this is not something that
can be included in the appeal.
The Judge will explain what things need to be looked at and the order in which
everyone will have their say.
Giving evidence
In a court, evidence is given by lawyers asking questions.
In the tribunal, it is rare for either side to have a lawyer to represent
them. The tribunal takes responsibility for asking any questions. You should
bear in mind the following
• The tribunal will want to focus on the issues that are being disagreed about. Do not
worry if the tribunal does not ask about every part of your
case
• If there are big differences in evidence from you, the benefit office or council,
the tribunal will ask detailed questions to try to resolve this
• The tribunal will try to make sure that you do not forget all the issues you have in
your appeal
• In disability appeals, the tribunal may have to ask personal questions, but it will
try to do this in a sensitive way
• As giving evidence is an important part of the hearing, the tribunal will try to
make sure that there are no distractions or interruptions and everyone will get
their turn to speak
• If you think anything has been missed out, let the Judge know.
The Judge will also allow relevant questions from any
representatives.
The decision
The tribunal will consider the evidence and statements in private, so in most cases
you will be asked to go back to the waiting room for a short period, and then
you will be called back and given the decision. A written decision notice will also begiven.
Announcing the decision closes the appeal, and there is no further
discussion.
Adjournments Sometimes a tribunal panel cannot reach a decision on the day and
there will have to be an adjournment. When adjourning, the tribunal will aim to set a date
for the next hearing and give directions to minimise the risk of any further delay to the
completion of the case.
The above description is a general
happens at a tribunal hearing?
At the tribunal venue you will be met by a security officer or the clerk to the
tribunal. They will show you into a waiting-room and the clerk will give you an
indication of when your appeal hearing will begin, sort out any expenses claim
you may have and deal with any last minute enquiries about the arrangements for
the hearing. The clerk will also
be present from time to time in the tribunal room during the hearing in case the
tribunal needs administrative assistance.
In the tribunal hearing
You will be called in to the hearing room.
There are usually three people on the panel for Disability Living
Allowance appeals (Judge, Doctor, and a lay Disability Adviser) and two people
for Employment and Support Allowance appeals (Judge and Doctor).
Some appeals will just be before the Judge.
You will not be asked to have a medical examination, unless you are
appealing an industrial injuries decision. It is possible that another person from
the Department of Work and Pensions will also be there, but although they have
the right to ask some questions, they will not be part of the decision-making
process.
Although
this is a legal and therefore formal process, it is not the same as going to
Court; you are not on trial. The
panel will just be asking you questions to see if they agree that the decision
that has been made is correct, or whether they can decide in your favour.
They should be asking about how you were at the time when the decision was made, not
how things are for you now. If
your condition has got worse since the original decision, you will need to make
a new claim (about a different set of circumstances); this is not something that
can be included in the appeal.
The Judge will explain what things need to be looked at and the order in which
everyone will have their say.
Giving evidence
In a court, evidence is given by lawyers asking questions.
In the tribunal, it is rare for either side to have a lawyer to represent
them. The tribunal takes responsibility for asking any questions. You should
bear in mind the following
• The tribunal will want to focus on the issues that are being disagreed about. Do not
worry if the tribunal does not ask about every part of your
case
• If there are big differences in evidence from you, the benefit office or council,
the tribunal will ask detailed questions to try to resolve this
• The tribunal will try to make sure that you do not forget all the issues you have in
your appeal
• In disability appeals, the tribunal may have to ask personal questions, but it will
try to do this in a sensitive way
• As giving evidence is an important part of the hearing, the tribunal will try to
make sure that there are no distractions or interruptions and everyone will get
their turn to speak
• If you think anything has been missed out, let the Judge know.
The Judge will also allow relevant questions from any
representatives.
The decision
The tribunal will consider the evidence and statements in private, so in most cases
you will be asked to go back to the waiting room for a short period, and then
you will be called back and given the decision. A written decision notice will also begiven.
Announcing the decision closes the appeal, and there is no further
discussion.
Adjournments Sometimes a tribunal panel cannot reach a decision on the day and
there will have to be an adjournment. When adjourning, the tribunal will aim to set a date
for the next hearing and give directions to minimise the risk of any further delay to the
completion of the case.
The above description is a general