Discussion archive

Top Decision Making and Appeals topic #2473

Subject: "Is there a duty to reveal unfavourable evidence?" First topic | Last topic
iut044
                              

Advisor, South West Lancashire Independent Community Advice
Member since
15th May 2007

Is there a duty to reveal unfavourable evidence?
Thu 22-Nov-07 01:50 PM

Thu 22-Nov-07 01:50 PM by iut044

Hi,

I am currently helping a client with a DLA reconsideration. I have written to her physio who has sent me a letter saying she does not have any care needs and the only mobility problems are with uneven ground. Do I have a duty to supply this evidence to the DWP?

Thanks

  

Top      

Replies to this topic
RE: Is there a duty to reveal unfavourable evidence?, nevip, 22nd Nov 2007, #1
RE: Is there a duty to reveal unfavourable evidence?, past caring 1, 22nd Nov 2007, #2

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Is there a duty to reveal unfavourable evidence?
Thu 22-Nov-07 02:10 PM

In short, No.

  

Top      

past caring 1
                              

Welfare Benefits Casework Supervisor, Cambridge House Law Centre, London SE5
Member since
09th Oct 2007

RE: Is there a duty to reveal unfavourable evidence?
Thu 22-Nov-07 05:07 PM

Like nevip says, no.

However, if the revision request is unsuccesful and the matter proceeds to appeal and tribunal, I would exercise caution....I have frequently represented in situations where a tribunal has adjourned in order to obtain further medical evidence and, once the report/evidence commissioned by the Tribunal Service then arrives, it contains a copy of a report that I had already instructed. And very obviously so, at that. I would hate to have to appear at any rescheduled hearing in circumstances where that report had not been made available to the first hearing.....

  

Top      

Top Decision Making and Appeals topic #2473First topic | Last topic