tribunal proceeding in the absence of the medical member

We have had a call from the Tribunals Service this morning, asking if our client is willing to proceed with his AA appeal in the absence of the medical member - they are leaving the decision to the client!  Surely it can’t proceed? Ruth

I don’t think they can, no. See vol. 3 of Sweet and Maxwell, page 1616, paragraphs 5.184 onwards about number of members of a FtT.

Thanks Alex, I think there is a possible exception though - looking at paragraph 15 , sub paragraph (6) of Schedule 4 of the Tribunals, Courts and Enforcement Act 2007 . Have a look at page 1605 in Sweet and Maxwell and see what you think.  Ruth

Have you asked for the reason for the non-attendance of the medical member ? If it could be that it is in favour of the appellant, then page 1605 covers that.  If the nature of the appeal is of a strictly medical nature, then an adjournment would be advisable.

I don’t know if the ‘agreement’ I linked in this old thread still has any standing:

https://www.rightsnet.org.uk/forums/v…ead/1428/viewreply/8761/

I hadn’t noticed that Ruth, sorry about that. I’ve got to dash to a hearing myself now, so haven’t had a chance to look and think about it, I hope you get a definitive answer.

Just lifted this from the code of appeals proceedures:
First-tier Tribunals
FtTs give claimants the opportunity to put their case against a DM’s
decision to an independent panel of people. An FtT may consist of one,
two or three members, at least one of whom must be an FtT Judge. When
an FtT consists of only one member, that member must be an FtT Judge.
The other members an an FtT must have relevant qualifications and
experience depending on the issue(s) raised by the appeal, for example a:
medically qualified member or, financially qualified member or
member with experience of disability issues
For further information on FtTs see: ADM Chapter 5, paragraphs A5050 and A5060

Tribunal can proceed in the absence of a member allocated to the case subject to the agreement of all parties - see para 15(6), schedule 4, Tribunals, Courts and Enforcement Act 2007.

DWP consent assumed in certain cases - see ADM A5373.

Thanks for all the replies - it’s been really interesting and a quick learning curve.  As far as I know, the reason the medical person was absent was because he/she couldn’t get there - weather? illness?  I also contacted the CPAG Advice Line who confirmed the circumstances in it is possible to proceed.  We weren’t actually able to contact our client, but I assume that the Tribunals Service weren’t either, and so that it was postponed. The AA appeal was a very standard one, involving a 70 year old client with arthritis and COPD, and very little medical evidence provided, so there were medical issues.  On balance, my feeling is that, if there are any medical issues at all, then we should not agree to this.