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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Consenting to a paper hearing by default

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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I have not seen this HMCTS GAPS DL letter before.

client made appeal by letter rather than SSCS1. No evidence that they were sent a TAS1 ‘enquiry form’ in addition to attached letter (which was issued within days of DWP submission).

No evidence that HMCTS sent anything with this letter to show what the clients ‘hearing preferences’ were (given that she had not at that stage indicated any!).

Whilst not against Rule 27(1)(a) it does appear against the spirit of this Rule and Rule 2 ‘overiding objectives’ that where appeal has not been made on SSCS1 HMCTS can treat an apppellant as having consented by default to a paper hearing if they do not respond to the GAPS DL letter and positively request an oral hearing.

Needless to say paper hearing was not successful. client only contacted us on receipt of the decision.

Application for set aside and request for SOR has been made.

Appellants / advisers beware!

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Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Useful to know. Have had occasions where I’ve had no immediate access to an SSCS1 and a short time scale so have submitted letters. Have always remembered to say “oral hearing” even if I wasn’t yet confirmed as rep. (as wanted to see facts of case first).

Can see advantage to HMCTS of such a policy given the current backlogs.

Mr Finch
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Benefits adviser - Isle of Wight CAB

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Peter Turville - 18 August 2017 05:03 PM

Whilst not against Rule 27(1)(a) it does appear against the spirit of this Rule

Decision with or without a hearing
27.

(1)
Subject to the following paragraphs, the Tribunal must hold a hearing before making a decision which disposes of proceedings unless

(a) each party has consented to,  or has not objected to,  the matter being decided without a hearing; and
(b) the Tribunal considers that it is able to decide the matter without a hearing.

Surely ‘...or has not objected to…’ implies an opportunity to object must be given?

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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Total Posts: 1659

Joined: 18 June 2010

Mr Finch - 22 August 2017 02:10 PM
Peter Turville - 18 August 2017 05:03 PM

Whilst not against Rule 27(1)(a) it does appear against the spirit of this Rule

Decision with or without a hearing
27.

(1)
Subject to the following paragraphs, the Tribunal must hold a hearing before making a decision which disposes of proceedings unless

(a) each party has consented to,  or has not objected to,  the matter being decided without a hearing; and
(b) the Tribunal considers that it is able to decide the matter without a hearing.

Surely ‘...or has not objected to…’ implies an opportunity to object must be given?

I rather suspect HMCTS would argue that being required by the letter to notify them if she wanted an oral hearing would by definition / default amount to that opportunity / having objected if an oral was actually requested.

It will be interesting to see how our application for set aside is decided.