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