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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

mental capacity and tribunals

tokky
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toxteth CAB

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Total Posts: 12

Joined: 23 June 2010

Does any-one know what rules or guidance tribunals have to follow if there is a doubt that the appellant has the mental capacity to understand the tribunal proceedings? I have made three requests for an adjournment of a client’s hearing on this basis, giving more information each time about what I mean by ‘mental capacity’ and why the client seems to lack it. The Tribunal Service keeps turning down the requests less than 8 hour s after getting each fax. I’m not convinced they’re giving it adequate consideration. (In fact, I don’t think the TS here in the north west gives proper consideration to any requests for an adjournment, they are far too fast in turning down applications).
I don’t know whether it would be best to tell the client not to turn up to the hearing, but represent him at the hearing myself and make a fourth request for an adjournment. Then if the Tribunal refuses again and insists on going ahead with the hearing, get any adverse decision set aside as patently unfair.
I want time to get copies of the client’s medical records, or get a psychiatrist’s report, to explore the issue, and see if I can get his support worker to act as his litigation friend. The client is currently being checked for early dementia but hasn’t yet got the results of his CT and MRI scans back. Whe I talked to him, he kept losing the thread of the conversation, much like a very elderly person does. But the DWP doctor who examined him for his ESA medical claimed he would be fit for work in three months time. I’m not aware that dementia is curable, in three months or at all.

ClaireHodgson
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Solicitor, CMH solicitors, Tyne And Wear

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i’d be inclined to

1.  get a copy of the mental capacity act & guidance

2.  prepare written submissions based on genearlly available medical evidence about dementia

2.  get a letter from the GP confirming the potential dementia

and

3, in view of this:

tokky - 02 July 2010 02:57 PM

Whe I talked to him, he kept losing the thread of the conversation, much like a very elderly person does. .

take him with you; he’ll lose the thread in tribunal and make your point for you

in the meantime, find out if there’s anyone able to take out CoP proceedings or whatever, Ariadne will know about all that

tokky
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toxteth CAB

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Thanks for that. I can do everything except get a GP’s report, as the hearing is only a few days away. But I do have a quite good account from his support worker at the specialist mental health service. As for taking the client with me, I’ve thought of that but I don’t trust that a Tribunal judge will make the same observations as I did. I find Tribunal judges unpredictable, to put it kindly.

ClaireHodgson
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Solicitor, CMH solicitors, Tyne And Wear

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tokky - 02 July 2010 08:07 PM

. I find Tribunal judges unpredictable, to put it kindly.

this is true.  it’s always about who’s there on the day….

lay evidence as to his deterioration? family, neighbours, etc prepared to come along?

chrislpl
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Linskills Solicitors

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Dear Tokky,

I hope that this isn’t too late. I have tried to attach Upper Tribunal Decision CA 1546 2009 on the effects of Rule 2 of the First-tier Tribunal Rules on adjournment applications. I have successfully referred to this decision on a number of adjournment applications in the north west tribunals, both in pre-hearing applications and at actual hearings that went ahead because the faxed pre-hearing adjournment application was refused.

I hope that this helps.

Chris

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