Tribunal procedure - claimant not present

Cl. is carer for disabled adult son.  Cl. herself is also disabled (severe anxiety, panic attacks, depression, arthritis, diabetes).  Son has ADHD, low IQ, paranoia, tends to exhibit split personality, very aggressive & can be violent to Cl. & others, known to Criminal Justice system.  He refuses to take medication but is cannabis user.

Cl. is DWP appointee.  Son on ESA (SG).  Son’s DLA renewal turned down.  He had been on MRC & LRM.  Cl. has appealed & case going to tribunal.  Son does not know he has been getting DLA.  Cl. says that if he knew he would demand the money & waste it (as he frequently does his ESA) so she keeps it & uses it for him.

Cl. anxious & panicky about attending Tribunal hearing.  I’m not really au fait with Tribunal procedure, so:

1.  As claim is for son, would tribunal accept appointee appearing to speak for him without son being present?

2.  If CAB staff member went with Cl. (again, without son being present) would tribunal accept this?

3.  Any other comments/advice?

His mother should get as much third party documentary evidence as possible and attend the hearing preferably with representation.  Reps can also act as witnesses but should make it clear that they have first hand knowledge of the claimant’s problems and not just what they have been told.  She need not take her son but explain clearly to the tribunal why he is not in attendance.  Her evidence, if credible, will be given appropriate weight and can be quite compelling.  If the tribunal considers that the evidence falls short then it can request the son’s attendance.

Tribunals have a power to compel a person’s attendance but this power should be used sparingly after all the relevant factors have been considered, particularly those outlined in rule 2 of the tribunal procedural rules (see below).

“Overriding objective and parties’ obligation to co-operate with the Tribunal

2.—(1) The overriding objective of these Rules is to enable the Tribunal to deal
with cases fairly and justly.

(2) Dealing with a case fairly and justly includes–
(a) dealing with the case in ways which are proportionate to the importance of
the case, the complexity of the issues, the anticipated costs and the resources
of the parties;
(b) avoiding unnecessary formality and seeking flexibility in the proceedings;
(c) ensuring, so far as practicable, that the parties are able to participate fully in
the proceedings;
(d) using any special expertise of the Tribunal effectively; and
(e) avoiding delay, so far as compatible with proper consideration of the issues.
(3) The Tribunal must seek to give effect to the overriding objective when it–
(a) exercises any power under these Rules; or
(b) interprets any rule or practice direction.
(4) Parties must–
(a) help the Tribunal to further the overriding objective; and
(b) co-operate with the Tribunal generally.”

Nevip

Many thanks - that is very helpful.