Previous tribunal was adjourned to obtain an EMP report. Chair directed:
" The Appeals Service are to obtain an EMP report ( a female doctor should examine the appellent and and a Somali interpreter should be present at the examination)"

Guess what? A male doctor turned up without an interpreter! He relied on the client's neighbour to translate - the neighbour really struggled to translate.

i'm asking for this EMP report to be ignored. But I wonder how binding is the direction in a decision notice? There is no equity of arms if the DWP (or medical services) just ignore a direction such as this.
Carol

My understanding is that directions by Tribunals are binding in theory but in reality there is no real sanction if they are ignored. In other words Tribunal cannot punish DWP by awarding your client High Care and Mob!

However I think you have a lot to gain by emphasising lack of worth of the report due to the lack of an inerpreter. I don't know if there is any caselaw already but I can't imagine a Commissioner accepting that evidence obtained under these conditions could be said to be fair.

However, if you have no other favourable evidence you may find that Tribunal adjourn for another go at getting EMP report.

That's what I expected! In this case, we are having to ask for another EMP report as there is only a DBD373, client has changed GP and neither GP willing to provide further info.
We have had numerous problems with EMPs using family members/neighbours to translate. When a collegue and I had a meeting with Medical Services and raised our disquiet about this, they seemed mystified as to why a claimant would agree to go ahead with the examination if they were unhappy with using a family member to interpret.
client very reluctant to make a compliant.
Carol

I had a case where Tribunal ordered a report by a particular psychologist. Client was somewhat surprised when a bog standard EMP turned up. Luckily he's a little more bolshy and tells him to sling his hook. When I called TAS for an explanation they seemed genuinely shocked and promised to investigate and I do believe them when they came back and told me it was down to medical services who ignored the direction.

Upshot is that I do think the problem is with medical services rather than TAS. It is bizarre how they can't sem to understand why a non English speaking claimant would be unwiling/unable to challenge an EMP when they decisde to go ahead in such circumstances.