ESA appeal - file only accessed this morning, adjournment refused and client lost appeal

Client a vulnerable adult, some Social Care input, very poor literacy skills. We only accessed paperwork this morning via Tribunal Service as not received from DWP in time.

Support Worker present, explained to Judge client deemed vulnerable, Social Care reports can be accessed if adjournment agreed and Judge said no, not needed in their opinion….....

Also no GP evidence as GP not supportive despite Support Worker intervention.
Client was extremely stressed during hearing and then disclosed significant facts outside court after decision made against them.

We feel the information disclosed would have potentially benefited client’s case had the Tribunal been made aware of the information earlier.

Appeal lost (6 points only awarded).......do we have potential grounds for a set aside given Judge’s refusal to adjourn for Social Care/GP information?

Bearing in mind that I am not an experienced Trib Rep, I would think that you could get the decision set aside as you only got the paperwork that morning, and had no time to prepare a case. Were you a late appointed rep?

This is what I understand

A Tribunal has power to set aside a decision which disposes of
proceedings, or part of such a decision, and re-make the decision or the relevant part of
it, if:

• the Tribunal considers that it is in the interests of justice to do so; and

• one or more of the conditions below are satisfied.
The conditions are:

• a document relating to the proceedings was not sent to, or was not received at an
appropriate time by, a party or a party?s representative;

• a document relating to the proceedings was not sent to the Tribunal at an
appropriate time;

• a party, or a party?s representative, was not present at a hearing related to the
proceedings; or

• there has been some other procedural irregularity in the proceedings.
An application to set aside must be made in writing within 28 days of the day the
decision in question was sent.

But someone who knows more than me will probably be along soon :)

Skim the Social Care Reports (I’d imagine a Community Care Assessment at least, hopefully a supportive OT assessment if you’re lucky) if they’re useful and contemporary to the decision make a set aside request under…

“a document relating to the proceedings was not sent to the Tribunal at an
appropriate time;”

That would usually work so long as the new evidence is strong enough