DLA Tribunal - only two panel members

Hi all

A client attended DLA hearing recently where there was only a Judge and a Doctor - no care expert.

The written statement of reasons says “the appellant consented to an incomplete tribunal on the understanding that he could not use that as a groud to obtain another bite at the cherry.”

The client was unrepresented at the hearing and I doubt he understood the ramifications of proceeding.

Could someone give me the relevant rule/reg that details the need for the 3 members for a DLA appeal please?

Thanks in advance
Chaos

The rules are now set out in a practice direction by the Senior President of Tribunals which is laid out in the Sweet and Maxwell volumes in the First Tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008.  Unless the appeal raises only questions of law there appears to be no discretion to vary its composition.

Hi Paul

Couldn’t see for looking, I now have the relevant page in front of me (p1318 of new S+M).
The appeal was a bog-standard DLA appeal against non-entitlement on a new claim so I think there are grounds to challenge.

Thanks for you very speedy response, much appreciated.

Chaos

“obtain another bite at the cherry”!!!!!!!!

Was there even a proper judge in attendance? :)

Yes there was and normally is an excellent Judge.

Just stumbled across this: http://www.dwp.gov.uk/docs/b-1-10.pdf

COMPOSITION OF FIRST-TIER TRIBUNAL

2     FtT’s are composed of at least one member who must be a tribunal judge and may
include up to three members. The Senior President of Tribunals decides how each
type of tribunal is made up. For example, in appeals involving medical issues, a FtT
will normally be composed of a tribunal judge, a registered medical practitioner and in
AA and DLA cases, a member with a disability qualification. Primary legislation does
allow for an appeal to be heard in the absence of one or more, but not all, of the
members usually required, if the parties agree.

3     There have been occasions, for example during the 2009/10 winter, where
unexpectedly a member of the FtT has not been able to attend the hearing. This has
typically been on the day of the hearing where, for severe weather or transport disruption
reasons, the member was not able to reach the hearing venue. Where the
hearing is otherwise able to go ahead as all other parties who are intending to be
present are at the venue, it would be sensible to be able to continue with the hearing.

AGREEMENT
4     An agreement has been reached with the TS that in such exceptional circumstances
where
1.    a member is, at short notice, unable to attend the venue and
2.    the DWP has already told the TS that a PO will not be attending the hearing
and
3.    the appellant and/or any representatives agree
the FtT will hear the appeal in the absence of one or more of the members.

5     The FtT must however, always include a tribunal judge. So where a three person
tribunal is reduced to two people one must be a tribunal judge, or where it is reduced
to one person that person must be a tribunal judge.

6     The TS will only invoke this practise where the appeal could otherwise go ahead and
would not be used where the DWP have already said we will attend the hearing. In
these circumstances the TS may wish to confirm that the appeal is still not able to go
ahead.