Refused Domiciliary Hearing for ESA

I requested a domiciliary hearing (hearing is on 16/1/14) for a client who is housebound, not left her property for over 5 months (and prior to that was 4 months).
We have support from her GP who is very familiar with her case.

I received a letter before Christmas stating that the hearing had been refused as “it was not possible” no other reason was given.

I wrote again with a further letter from her GP stating “The patient is not able to attend a hearing anywhere will not be well enough in the foreseeable future”.

I have just heard from the Tribunal Service and the domiciliary hearing has been refused again.

I asked what the reasons were and the tribunal rep said that no reason has been given, she went and asked the judge for a reason for me and he stated, he refused it because they have had an email to put all domiciliary hearings on hold… I stated putting it on hold and refusing it are 2 different things.

It has been seen by the first judge in December who just ticks a box and doesn’t need to give a reason (she has checked and no reason was given at this point).

Yesterday another judge looked at the new request and asked for the letter I wrote to the doctor which I emailed immediately, he refused based on awaiting my letter to the GP.

Today she put it before another judge who has rejected it based on 2 previous judges rejecting it and he will not overturn their decision.  So actually I don’t think he even considered the evidence.

On the most recent request “2” I stated the following:
It was clearly not in the interests of justice to proceed in the claimant’s absence. May I also point out CIB/2751/2002, where it was held that the refusal of a domiciliary hearing for a claimant who is unable to leave their home is a breach of the common law and Article 6 of the European Convention.

I’m at a loss - can anyone advise what I should do?  The client has said she will attend the hearing in a taxi with her mum but it will depend on how she is on the day, personally I think its very unlikely.  The client is very anxious even in her own home so to leave will be virtually impossible, The GP visits her at home and like i say she hasn’t left her property in months. 
I fear that the hearing will go ahead in her absence.

As a first step ring the upper tribunal and try to find out more about this e-mail.

Has the client made that statement to you or TS? Undermines the GP evidence if to the latter but should give pause for thought anyway as there is a world of difference between cannot and will consider travelling by taxi. The spectacle whereby FT judges (or the admin.) are instructed to follow new guidance which cannot be sustained in law, and which they must know, is a pretty depressing and damning spectacle for all concerned. However, my primary concern would be to establish the reality of whether the appellant can attend or not. “Would prefer not to” and “cannot” is something you need to be very clear about.

I think it would be interesting to

- actively start a HRA case. Would certainly focus minds.
- lodge a formal complaint against each and every judge involved in the refusal and as part of that request the text/“guidance” which has put such hearings on hold. As you say there’s a difference between refusing and putting on hold. A complaint against each one would put the TS in a very difficult position given that the law on domiciliaries hasn’t changed. They are expensive and increasingly rare but nevertheless…
- give consideration to letting them crack on with listing with a written submission and you in attendance. Judge on the day may decide in favour; decline to award but open the opportunity to a UT appeal which in my recent experience the UT judge would not hesitate to lay into their FTT colleagues, or, adjourn for… a domiciliary hearing.

No the client through her tears to me stated she will have to go, the reality of that is that its impossible.
Thank you for your advice will look at it all in more depth.

I had a case accepted for a domiciliary hearing before Christmas, and it was even listed for hearing, but then I had anopther letter postponing it and saying that that they have received some message or decision and have had to suspend all d.h.s for the time being. I don’t know why either, but it is not just you, at least!

As per the initial post, a colleague just received a reply to a request for a domicillary hearing, saying ‘The District Judge has decided that is not possible’. [edit: and they are going to list it at the venue, not postpone it]

Is anyone else getting domicillary hearings, or have any further info on why they are now apparently impossible?

same here - all requests are being refused because the TS ‘isn’t able to hold domicillary hearings until further notice’ and has rearranged the ones that have been granted to venues…