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Judge refusing to postpone ESA appeal or arrange domiciliary hearing
Hi,
Perhaps someone can suggest what next for my client and the appeal.
Client is appealing decision to place her in WRAG, believes she should be in Support Group. She has not been out of her home for over a year due to physical and mental health conditions. We got postponement of an office hearing in early January 2014 on grounds that client requires a domiciliary hearing. Letter from GP was provided as proof. Heard nothing for months. Another hearing was held in client’s absence and stated they could not decide on papers so would need to look into arranging domiciliary hearing. GP was asked to provide letter - GP got patients details wrong (mixed up with another patient) and said that client could attend hearing if appropriate transport was provided. Judge wrote decision notice that based on GP’s evidence that client could attend hearing if appropriate transport were provided and sent date for new hearing on 05.11.14. Client and GP realised mistake was made. GP wrote a new letter to TAS asking for her previous report to be ignored, said that got clients mixed up and that my client cannot attend tribunal and asked for domiciliary hearing. Tribunal not postponed. I wrote letter requesting postponement and domiciary hearing and quoted GPs letter. Got reply from TAS - request for postponement refused, hearing will go ahead. My client cannot physically attend the hearing and wants to be able to put her case and be present at her appeal. Is there anything else i can do to try and get the hearing postponed and for my request for a domiciliary hearing to be accepted or would this need to be challenged at the Upper Tribunal if i cannot get the hearing postponed. Are TAS breaching the Equalities Act in refusing to make reasonable adjustments so that she can attend the hearing?
I realise there is a lot of detail missed out but i think i have included most of the main points. Thanks for your consideration.