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ESA LT conduct of panel
Are there any guidelines lines about how how the members are supposed to look at the appeal in front of them?
Does the bench book still apply?
Is an assumption that the lack of provision of an aid or treatment a fact or does it come under the tribunals judgement?
The lack of treatment is caused by the clients mental health problems
Thanks in advance
The Tribunal will find; as a fact, whether a lack of treatment might be indicative of the gravity of an individual’s illness. They will need to provide reasons for coming to that conclusion and if there was evidence that an individual’s mental health may be a preventative factor, either by way of a lack of motivation or insight, then the Tribunal will need to account for that, failing to do so will leave them in error.
If there were no evidence that your client’s mental health problems presented a barrier to treatment it will be difficult but the mere fact of such a diagnosis could be argued to be evidence of such a barrier; such that it required consideration.
Thanks for your reply- it was their conduct and assumptions that inherent contradictions re the appellants behaviour which concerned me most
Toby