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Top Decision Making and Appeals topic #3897

Subject: "Tribunal decision" First topic | Last topic
Rosessdc
                              

Welfare Benefits Advisor, South Somerset District Council
Member since
24th Jul 2007

Tribunal decision
Mon 15-Mar-10 11:44 AM

Had a tribunal on 1st March which overran so the judge reserved the decision. Still haven't received it and chased TS who haven't got the file back yet. What do I do now??? Surely if the decision has not been made it can't be properly made now as the panel are no longer together?
If it has been made neither myself nor the appellant have been notified of it. Has anyone had a situation like this before?

  

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Replies to this topic
RE: Tribunal decision, pclc, 15th Mar 2010, #1
RE: Tribunal decision, Rosessdc, 15th Mar 2010, #2
      RE: Tribunal decision, pclc, 16th Mar 2010, #3
           RE: Tribunal decision, Rosessdc, 16th Mar 2010, #4

pclc
                              

legal advice worker, plumstead law centre
Member since
16th Feb 2006

RE: Tribunal decision
Mon 15-Mar-10 12:43 PM

Was this a Judge sitting alone - you refer to a panel? Also, was it relatively straightforward or complex legally / factually?

The longest I have had to wait is 10 weeks - this was a complex HB case which had gone for over 2 full days and the Judge did a decision which incorporated a lengthy SOR. It was about an overpayment so not urgent as such. Although not satisfactory I doubt there is much you can do if it is a Judge sitting alone as they would have taken notes of evidence and the decision is theirs alone. If a panel of more than one I would say the decision would have to have been made on the day, as you say, in which case any delay is not justifiable.

Have a look at the Tribunal Procedure Rules on the Appeals Service website to see what they say (if anything) about reserved decisions. Also how urgently do you need the decision - consider making a complaint if it cannot wait.

  

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Rosessdc
                              

Welfare Benefits Advisor, South Somerset District Council
Member since
24th Jul 2007

RE: Tribunal decision
Mon 15-Mar-10 12:51 PM

Sorry - DLA hearing so panel of 3. Only complex because rehearing a case where previous decision set aside. Client is getting stressed, which will affect her health - proven to exacerbate her symptoms. Told on day we would both hear within a week.Thanks very much for your input.

  

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pclc
                              

legal advice worker, plumstead law centre
Member since
16th Feb 2006

RE: Tribunal decision
Tue 16-Mar-10 01:03 PM

They must have made the decision on the day - as you rightly say the panel needs to make the decision together. So I can't see why they cannot issue the normal short decision speedily - they can combine this with a full Statement of Reasons but do not have to and it is the latter that normally takes the time.

Perhaps consider a polite letter to gee them up and a formal complaint if this does not work?

  

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Rosessdc
                              

Welfare Benefits Advisor, South Somerset District Council
Member since
24th Jul 2007

RE: Tribunal decision
Tue 16-Mar-10 01:46 PM

Thanks for that. I rang TS again and they've just faxed decision through. Signed on 1st March, but not issued until today. Same decision as previous tribunal. I've requested sor and will be interested to see reasons for delay.

  

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Top Decision Making and Appeals topic #3897First topic | Last topic