Just attended a DLA appeal which was adjourned. My client has Sickle Cell Anaemia. During the proceedings the medical panel member identified his speciality as being a Consultant Haematologist, as his name is a common one we did not know for sure if he was known to my client.

It now transpires he treated my client and her brother for 2 years, my client who was too ill to attend the appeal says she asked to be sent to another hospital because she wasn't happy with the treatment she received from this consultant.

I know that if the doctor is known to the client it should be reported to The Appeals Service, as this Consultant is known to be hostile towards my client it would obviously be of benefit if we can ask for him not to be on the re-listed panel.

I seem to remember seeing something about medical panel members and conflict of interest. Can anyone offer me suggestions on where to find further information?

If you simply inform TAS that this doctor has treated the client they should not put him on the panel. Simply explain that the client hadn't realised he was the doctor who had treated her.

Whether he is hostile to the client or not is irrelevant, a doctor who had a good relationship with a client would equally be barred from sitting on a tribunal, as s/he could be seen as biased in favour of the client. The principle is that if there is any close or professional relationship between a claimant and a tribunal member the member should not sit on the appeal.

I once had a chairman who adjourned a hearing because he played in a brass band with my client!

Keith,

Thank you.

You need to look at Regulation 36 (8) of the Social Security & child Support (Decision & Appeals) Regulations 1999 for the answer.

Regulation 36(8) of the Social Security and Child Support (Decisions and Appeals Regulations 1999 -

'A person shall not act as a medically qualified panel member of an appeal
tribunal in any appeal if he has at any time advised or prepared a report upon any person whose medical condition is relevant to the issue in the appeal, or has at any time regularly attended such a person.'

(links to key websites that hold welfare benefit and tax credit related legislation, as well as official guidance, caselaw, and other reference materials are available in the toolkit area of rightsnet)

Thank you
to D Bates and Ken the regulation reference and the information given is extremely helpful.
David Schoon