Digitally recorded Tribunal Record of Proceedings

Tribunals at Fox Court are now digitally recorded. We are being sent 2 CDs, one which uses software, which according to a professional transcript company is relatively new, and not used by many transcribers. The other CD is a simple audio recording. There are a number of concerns, including the ability of appellants to listen to and understand the recordings (assuming they have CD-players) - whether due to language issues, lack of intellectual capacity, impaired concentration / memory etc. Also, the need for the rep to have a paper copy in order to be able to digest and review the record of proceedings properly, and discuss with the appellant.
We have now paid for one RoP to be transcribed. There is doubt as to whether the LSC will accept the cost as a Legal Help disbursement. Further the transcript has numerous words / phrases missing from the appellant’s responses to questions, where the transcriber has typed ‘inaudible’ or ‘unclear’. Therefore, the recording is not an accurate record, any more than a hand-written one would be.
All sorts of issues re fairness and access to justice etc, which could be deemed to infringe the Tribunal Rules. Any thoughts on the way forward. The Tribunals Service has already replied to an earlier letter saying that they do not issue transcripts and that the RoP can be in such medium as the presiding member may determine.

Does this replace the written “Statement of Reasons” (SOR)?

I hope not.

I’m slightly puzzled by the procedure here.

One of our appeals was heard by a visually impaired Judge and digitally recorded.  When the DWP asked for a SoR, we received a paper copy in the usual way, but were not sent either a Record of Proceedings or copy of the recording (and did not expect one).

It’s important that the TS has consistent procedures regarding digital recording, whatever the reason for doing so.  Does anyone know if there is any guidance on this issue?

The digital recording replaces the hand-written Record of Proceedings, not the Statement of Reasons, which the Judge prepares on request (presumably based on the RoP). Most, if not all, hearings at Fox Court are now recorded.

Personally, I’m all for complete recordings of Tribunal proceedings.  I can’t see why anyone would object to having a complete record that, by definition, isn’t subject to Judge selectivity as to what is, or isn’t, relevant to the proceedings.

with kevin

and then there can never be an argument about what was and was not said….

transcripts rock (note, even court transcripts occasionally have “could not hear” or similar where the transcriber could not work out/hear what was said..)

Again, I’m all for recordings - leaves no wriggle room for what was or was not said, what arguments put etc. In my experience, I think the beneficiaries of this will, overwhelmingly, be appellants and reps.

But as someone who reps at Fox Court with some degree of frequency (not recently had occasion to request a SoR) I’d like Helen to elaborate on what’s on the first CD - what is this software and what is it supposed to do? Is it some sort of voice recognition software that you’re supposed to run alongside the audio recording in order to produce a transcript?