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R v Social Security Commissioner ex-parte Bibi provides some help on an orbiter basis
In that decsision the tribunal had said in thier reasons:
“The request for postponement had been made by the claimant’s solicitor... However, the tribunal decided to try to proceed because of the urgency of the matter so far as the claimant herself was concerned and the inevitable delay which would be occasioned not only to the claimant but to other appellants waiting to have their cases listed. Furthermore, the claimant is represented by an employee from a firm of solicitors. A firm undertaking professional representation in this way should arrange matters in such a way that its ability to represent clients does not come to a complete halt whenever a particular member of staff is unavailable.”
The judge conluded, at para 18:
" ... there was simply no evidence before the Tribunal which could conceivably have justified it. This appellant had obviously dealt with Mr Norman throughout and he with her, and it is hardly unreasonable that a party to proceedings which are of importance to that party should want the person with whom she has been dealing to represent her. Mr Norman had made it clear to the Tribunal, at a time when the Tribunal could perfectly reasonably have fixed a date outside the time when he had said he was unavailable, that that was the position. It seems to me here that, on any view, the reasons given for the adjournment were insufficient. It is plain that the appellant did not have the sort of hearing to which she was entitled. I appreciate that there is no absolute right to representation, but there is an absolute right to be dealt with fairly. As it seems to me, when one knows the full facts, it is apparent that this appellant was not dealt with fairly in being compelled to conduct her appeal without representation, with the result, as we shall see, that her claim was rejected, largely on the basis that the Tribunal found she had acted dishonestly in the way that she had presented her claims to the Benefits Agency."
I'll e-mail a copy to you.
Mike Robinson
Darlington CAB
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