Hi Letitia,

With respect to her, the Tribunal Judge is wrong. They ( the Tribunal) should have heard your appeal and not adjourned your hearing, as there was no valid reason for a new panel to hear it without any conflict of interest.

I cannot remember the case(s) and cannot access my reference material as I'm in hospital at present, but as an analogy, a case heard in the Scottish Court of Session, siting as an Appeal Court, decided that there would be no conflict of interest if a Medical Member of a DLA Tribunal who also worked as an EMP for Atos writing DLA reports about claimants, so long as that particular doctor hadn't personally seen or examined the claimant/appellant. So if this this wasn't a conflict of interest, then the fact that Atos EMP report was in your case bundle is superfluous in my opinion.

Crazydiamond is a former Adjudication Officer for the old DHSS/DSS so is very 'au fait' with the legislation and case law. Nowadays of course, the former DHSS & DSS is the Dept of Work & Pensions, and as Pat stated in her original answer decisions are taken by 'Decision Makers'. ( that must have taken some time to to think up )

To reiterate, you need to ask for a 'set aside' ruling that the Tribunal came to a decision to adjourn your DLA appeals was a breach of the rules of 'natural justice' and is also a breach of Article 6 of the Human Rights Act, your right to a fair trial ( a Tribunal albeit informal is a Court of Law)

A' set aside' decision will of course mean a new Tribunal hearing, but Tribunals Service staff are instructed to give cases like this a hearing date ASAP, rather than be put on the waiting list with 'run of the mill' appeals.

I cannot really offer any more definitive advice on this matter in an open forum.

Good Luck.

Jim

Hi Jim ,done as you suggested in relation to requesting a set aside ruling this is the response i received

(Your appeal hearings were adjourned on Monday 2nd July. As they were not heard in completion and no decision has been made as to the outcome of your appeals there are no decisions to be ‘Set Aside’. Your files are currently with the Office of the President of the Appeals Service and you will receive an update and a copy of the Terms of the Adjournment in due course.)

I received phone call from DWP this morning , they contacted the Appeal Service and were informed my case had been sent to the President of the Appeals Service for Legal Advice so no wiser , If the copy of the Attos Upheld complaint should have been in the appeal papers for the tribunal or not , and cant find anything on the web regarding this issue ,,
Many Thanks ,if anyone knows the LAW on this would be forever greatful as I am getting the run around from everyone concerned in my case .
letitia

Letitia

I'm afraid we can't comment on this situation, clearly the complaint and the medical report are at the heart of it, but you now need to wait for the Tribunal Service to contact you.

Gordon