Appeal to The Upper Tribunal ...

I have successfully appealed to The Upper Tribunal in respect of an unfavourable Tribunal decision relating to a Limited Capability for Work Assessment (LCWA), and this is on the basis that although cl stated to the tribunal that they could squat down to the floor to pick up a bank-note the healthcare professional at the time of the LCWA noted that they were unable to bend forward to touch their knees and therefore scored the necessary 9 points plus 6 others to be treated as having a limited capability for work.  I have also argued that the tribunal was held some 8 months after the medical and it is at the time the decision was made that cl. did not have a limited capability for work that is relevant, not the date of the tribunal.

Fair enough but i have received Judge Cole’s decision and this appears to be questioning the administrative errors made by The Tribunals Service in relation to papers going astray, a record of proceedings for example, documents being dated incorrectly, or some time after certain points in the proceedings, and as such these amount to an error of law to the extent that they had to set aside the tribunal’s decision.

I’ve only done several appeals to The Upper Tribunal and I’m wondering how to prepare my final submission to The Tribunals Service in respect of these administrative failings so if anybody can suggest how I approach this it would be of great help ?

Thank you for any replies.

Re. missing papers. I’ve had a number of cases recently where we have asked for the record of proceedings but these have not been forthcoming. I’ve got a fairly simple appeal going through UT (supported by SoS), but the UT Judge has not commented on the missing record to date. Expected to be remitted back to FTT, but not had the final outcome yet, so might get a Direction about the issue then. Was also wondering about the requirement to issue a record of proceedings (note to self to check the LAG tribunal guide).