Appeals & Appointeeships - Attendance

Hi we have an appeal shortly . Client has appointee due to mental health . Clients health deteriorating worrying about the appeal . Is the client required to attend the hearing ? Can the appointee attend on their behalf ?

Hi,

It’s up to the tribunal, but they can allow the appointee to attend alone - this is the practice direction https://www.judiciary.gov.uk/publications/pd-child-vulnerable-adult-sens-witnesses/ .

Jane

Thanks really useful.

No-one is required to attend a hearing unless they have been summonsed. In the first instance, it’s a matter for the appellant (i.e. the appointee) whether they go to a hearing themselves and, if so, who they bring with them. The Tribunal may have a view and may adjourn to give someone else a chance to attend but, generally speaking, this isn’t going to bind anybody.

That said, whether attendance is required or not, serious thought should usually be given to bringing the person concerned to the hearing because they are still likely to be the ones best placed to give evidence. Its a matter for the appointee and the person concerned whether the benefits of attending are worth the costs.