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Top Decision Making and Appeals topic #3948

Subject: "Complaint and Statement of Reasons" First topic | Last topic
johnwilson
                              

Benefits and Appeals, Dumfries and Galloway Citizens Advice Service
Member since
06th Feb 2008

Complaint and Statement of Reasons
Wed 14-Apr-10 10:23 AM

A client lodged a complaint with the Regional Tribunal Judge regarding the conduct and aggressive questioning techniques of the FT Tribunal on his ESA appeal.

A request for a written Statement of Reasons (SOR) was made at the same time by his CAB representative.

A reply has been received from the Regional Tribunal Judge asking for more specific details.

At the same time the SOR has been received, and the final paragraph contains a response by the FTT Judge to the issues raised in the complaint.

My question is whether this constitues grounds to have the decision set aside, or for appeal to the Upper Tribunal? I feel it was unfair and not correct for the FTT Judge to have sight of the letter of complaint BEFORE he drafted the SOR.

  

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Replies to this topic
RE: Complaint and Statement of Reasons, ariadne2, 14th Apr 2010, #1
RE: Complaint and Statement of Reasons, johnwilson, 16th Apr 2010, #2

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: Complaint and Statement of Reasons
Wed 14-Apr-10 09:03 PM

It is not at all uncommon for a letter of complaint to be treated (on direction from a DTJ) as a request for a written statement of reasons, if it raised issues about the hearing.

  

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johnwilson
                              

Benefits and Appeals, Dumfries and Galloway Citizens Advice Service
Member since
06th Feb 2008

RE: Complaint and Statement of Reasons
Fri 16-Apr-10 09:09 AM

Thank you Ariadne.

  

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