WB Caseworker, Tameside CAB Member since 17th Feb 2005
Record of Proceedings query Thu 10-Jun-10 01:05 PM
I attended an PCA appeal in Manchester and felt that my clients evidence, via an interpreter, fell exactly as the descritors indicated in the written submission I had sent in.
The medical evidence was a 21 minute medical vs GP information confirming problems and providing details of Xrays/opinion etc. I felt pretty confident.
We returned to the court room to find the appeal disallowed.
I confirmed that I would write in for a Statement of Reasons but requested a copy of the Record of Proceedings to take with me. There is a copying facility and as the record is contemporaneous there should have been no problem. Indeed I believe a District Chair had indicated that this was possible at a meeting.
The look on the doctors face was one of shock/worry as she turned to look at the Chair. The Chair looked uncomfortable and in a low voice said "if facilities are available". No problem then as a photocopier is known to be available and the clerk seemed willing to oblige. I said I would wait outside the court for them.
Two minutes later the clerk comes out empty handed and darts into the adjoining court (I believe to talk to another Chair). Then the clerk comes out of that court and goes back to see the Chair. Several minutes later the Clerk comes out and says that I should written in for them as well as the Statement of Reasons.
I ask to see the Chair again and a message is relayed back by the clerk that he is too busy and things are running late .... however we are still within our 2 time slot allowance!! I then ask via the Clerk that it be noted that I have asked for the Record of Proceedings today and it has not been provided.
Q. Am I being too suspicious?
Q. What is the position of obtaining a copy of the Record of Proceedings immediately after the tribunal hearing?
Welfare lawyer and social policy collator, Basingstoke CAB Member since 13th Mar 2007
RE: Record of Proceedings query Thu 10-Jun-10 05:32 PM
There is nothing in the Tribunal procedure rules even requiring a record of procedings to be made. However there is a practice direction which requires an ROP, which has be kept for 6 months after the hearing, and a copy must be provided to any party who requests it IN WRITING. There is a legal obligation for it to be legible. Maybe the Judge had bad handwriting and knew that if an ROP was ever asked for s/he would have to get it typed up first??