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Adjourned tribunal.

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4 years 10 months ago #230972 by Colony
Adjourned tribunal. was created by Colony
I am my son's appointee and was told that my son didn't have to attend the tribunal.
However, because he didn't attend the judge adjourned the tribunal.

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4 years 10 months ago #230982 by Gordon
Replied by Gordon on topic Adjourned tribunal.
HKay

Did you get permission from the Judge in advance of the hearing for your son not to attend?

What does the letter say, is the Judge requiring his attendance or recommending it?

Is there any form of warning in the letter that any existing award may be at risk?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 10 months ago #231209 by Colony
Replied by Colony on topic Adjourned tribunal.
My advisor rang in January and was told my son did not need to attend. My understanding is he rang DWP.
I haven't received any letter.

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4 years 10 months ago #231213 by Colony
Replied by Colony on topic Adjourned tribunal.
I now have the Adjornment notice. It reads...
The appeal was adjourned today for Mr....to attend. The Tribunal urges Mr .... To attend to give his evidence in person to enable the Tribunal to come to a more informed decision.
My son has moderate learning difficulties and is on the autistic spectrum. He has been awarded the enhanced daily living,but we are appealingly the mobility award of standard.

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4 years 10 months ago #231261 by Nigel
Replied by Nigel on topic Adjourned tribunal.
Tribunals like to see the appellant wherever possible. You will be able to attend with him and the Tribunal will give you an opportunity to speak. If your son has difficulty answering questions the the members will draw appropriate conclusions. The process is inquisitorial, so your son will only have to respond as best he can.

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4 years 10 months ago - 4 years 10 months ago #231280 by BIS
Replied by BIS on topic Adjourned tribunal.
Hi HKay

I know of a member in a similar position to yourself who has a son on the autistic spectrum. Because she had no time to write to the judge and ask permission for her son not to attend the tribunal she took him along.

When they were called - she went in as his appointee and spoke to the judge and the panel explaining that her son was outside and was prepared to answer any questions that they had, but to attend the entire hearing would be detrimental to his mental well-being. To hear people talk about him causes him considerable distress.

The judge went through the arguments of her appeal and in the end, the award was given and they never spoke to her son. I am not suggesting that every judge would act in the same way, but it might be a strategy you could consider using.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 10 months ago by BIS.

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