tribunal directions not completed

Can anyone offer some advice on the following scenario?

Client turned down for DLA from and including September 2011. Original hearing listed for March 2013, client lost but did not attend. Client had asked for a postponement, which the tribunal failed to consider and the decision was set aside by district judge.

Next hearing listed for July 2013, client attended but adjourned as Tribunal Judge required medical records.

No contact since client signed an authorization in September 2013 to request said records.

Chased up tribunal service 2 weeks ago and finally receive a letter stating because original direction in July was vague, not naming who to request them from, for what period and who should request them Tribunal judge has decided that a new hearing be listed for 22nd April and medical records are not necessary due to the fact that the case is old!!

Client has mental health problems and her GP was very supportive to her, including undertaking home visits on several occasions however he retired in January 2013 and new GP less supportive.

I believe the medical records will be very supportive in terms of home visits undertaken as client could not leave her home and could also show a number of psychotic episodes that were reported to the GP according to the client. 

Can we push for the tribunal service to actually adhere to the original direction irrespective of how old the case is or does the new direction over ride original one?

Thanks
Dominic

You can seek Interlocutory Directions for the Administrative Centre.

Simply write a letter headed URGENT - Interlocutory Directions Request

Briefly summarise and cite grounds

Would be advisable to cite some Tribunal Rules to assist; these could include ...

Rule 2(1) [overriding objective] - dealing with the case in ways which are proportionate to the importance of the case, the complexity of the issues, the anticipated costs and resources to parties.

Rule 6(1) The tribunal may give a direction ...

Rule 37(1) this is to do with setting aside but you can claim that failure to include documents will simply open the possibility of setting aside the decision in future.

Good luck with it

I would have thought the surgery records are all the more relevant in view of the appeal being old. 2.5 years down the line the client’s oral evidence at the hearing is unlikely to be particularly relevant unless they have a fantastic memory.

You’ve got a few weeks to the hearing yet. If client can stump up a tenner they can probably get them themselves.

Otherwise most CTS admin centres should accept interlocutory requests by email; mailto:sscsa-sutton@hmcts.gsi.gov.uk

email them, give it 24 hours then follow it up with a phone call, usually works for me.

Thanks for the helpful responses - will send off details for the interlocutory direction and will probably obtain the medical records in the mean time to view their level of support for the case.