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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

telephone appeals

Pete C
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Pete at CAB

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A couple of recent cases look like being heard as telephone appeals. I have never done an appeal this way and I was wondering whether anyone had any advice or experiences to share.

Although not relevant to these two cases I was wondering if HMC&TS; have the power to insist that a hearing is done this way, the current cases both have difficulties getting to a venue and the ‘phone hearing is quite helpful but I am a little concerned that this could become the norm and by doing so the Tribunal will deprive themselves of the opportunity to see the whole appellant as opposed to a disembodied voice on the telephone

John Birks
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Welfare Rights and Debt Advice - Stockport Council

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Not had the pleasure of a telephone appeal as yet.

My only thoughts are that the use of the telephone is an art and there is skill involved.

An academic type famously states only 7% of verbal communication is words, 38% tone, pauses modulation and the rest being body language.

This being absent - we may all benefit from some training from a friendly double glazing sales type.

John Birks
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Welfare Rights and Debt Advice - Stockport Council

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Sorry, missing inflection.

We may all benefit from some training from a friendly double glazing sales type?

Pete C
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John Birks - 10 February 2017 10:50 AM

Sorry, missing inflection.

We may all benefit from some training from a friendly double glazing sales type?

“Have you been miss sold PPI, sorry PIPS…..........................”

Peter Turville
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I have done one (which was adjourned during the hearing so is only part heard). In my view it was most unsatisfactory because the telephony equipment was not up to the job. It was not possible to have a 3 way conversation so the appellant could not hear what anyone other than the judge said and no one but the judge could hear what the appellant said. So the judge had to relay the conversations.

More generally because the appeallant was not in the room the absence of body language etc. made it a very stilted stop / start process and therefore very difficult for all involved to keep track of the conversation.

The future?

John Birks
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Welfare Rights and Debt Advice - Stockport Council

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Pete C - 10 February 2017 12:26 PM
John Birks - 10 February 2017 10:50 AM

Sorry, missing inflection.

We may all benefit from some training from a friendly double glazing sales type?

“Have you been miss sold PPI, sorry PIPS…..........................”


And still there’s no vote up/favourite/like button…...

ClairemHodgson
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we regularly to telephone hearings in civil court (usually for timetabling and such like).  they are a pain even with good tech.  body language is often all in these things.  plus, as stated, it becomes very stilted - what, in an “in person” hearing, can be a useful conversation on a difficult point, is not so on the phone and can, in my view, lead to people taking entrenched/unfounded positions that would not have been taken if the hearing had been in person.

plus, when we’re talking about benefits, i do think a tribunal learns a lot from actually seeing the person “in person” .....

can’t assess credibility on the phone, amongst other reasons…

ROBBO
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I’ve got a phone hearing in the offing.  Still trying to work out whether I’ll be at the Courthouse, at my desk, or sitting in the appellant’s house with him, somewhere out there in Stockport.  I’ve heard it said that any of these would be possible….

Pete C
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ROBBO - 10 February 2017 02:20 PM

I’ve got a phone hearing in the offing.  Still trying to work out whether I’ll be at the Courthouse, at my desk, or sitting in the appellant’s house with him, somewhere out there in Stockport.  I’ve heard it said that any of these would be possible….

I have raised this with HMC&TS;. The hearing venue is five minute drive from my office and rather than try and do the appeal in one of our office interview rooms, or worse still from my desk in an open plan office I have asked if I can just go up to the venue and join in with the panel members. I’ll see what they say.