HCP being called as a witness at tribunals

Has anyone ever had success at a HCP going to tribunal as a witness.  We have a case where first HCP awarded ample points for an award.  One week later case was audited and report changed taking points away.  No explanation given why points changed but two reports were mistakenly left in appeal papers.  No name of auditor
Tribunal judge refused to call HCP to give reasons for changing points stating it was not only unusual but disproportionate to call HCP to a tribunal

I don’t think you’re going to get any luck with that. The DWP’s stance that HCPs are professionally trained in assessing disability and the effects of health problems in respect of a claimant’s ability to perform the activities that make up the WCA or PIP assessment is one that has been accepted by the UT - so that questions of the competence of, say, someone trained as a physiotherapist being able to assess the effects of mental health problems don’t really arise. Also, we would surely be resistant to requests from a PO to call client’s GPs or consultants as witnesses where they had prepared a report for the client’s appeal? For one thing, any witness summons from the tribunal would result in their having to attend for free - something which would make GPs and other medical professionals even more reluctant to provide reports than they are already.

But what I would say is that it should be straightforward to use the first report to rubbish the second. If all HCPs are professionally trained in assessing disability, why should the second report be given any more credence than the first? Unless, that is, the DWP have volunteered the information that the first report is so incompetent that its author has either been dismissed or sent for re-training…...Further, the second HCP report was presumably prepared entirely on the basis of the clinical findings and opinions in the first - i.e. without the second HCP ever clapping eyes on the claimant? Even if the clinical findings and opinions in the first are bizarre or perverse, that would require a re-examination, surely? Yet more grist to your mill.

So you should arrive at a position where, at worst, the tribunal ought to give very little weight, if any, to either report - which leaves the floor open to you and your client to present your evidence…..

other than being good entertainment I don’t think this will put you much further forward.  both reports are in the bundle so we know at least one (more likely both) are nonsense but that just puts you back to the same position as in most appeals where its more about convincing the panel that the points should apply rather than showing the dwp and their contractors make frequent mistakes.

have to feel sorry for the client in this instance though as this must be infuriating to see.

At tribunal the Judge based it on merits on the day and did not think another exam was required.

So you already have a decision - what was it?

I agree with other posters. The task is to get benefit rather indulge in some adversarial approach. Getting the HCP report given the appropriate weight and that can be achieved with a decent sub; good anecdotal evidence; medical evidence if appropriate and a dose of common sense. Disproportionate is the word I would have used too really.

Sorry, Anne I haven’t. However, there is breaking news, which might give the nefarious reasons, why.

Well wouldnt that be great but it wouldnt never happen i believe you can subpena your GP to tribunal but not an HCP , the tactics i employ is , once you can discredit one item of their report then you inisist the tribunal dimisses the whole report as incredible which allows you to start from scratch

i have significant amounts of success this way both at mandatory stage and at tribunal stage . Also insist on the case be looked at by the compliance team who often overturn the initial decision , if again you can get evidence to discredit the Assessment report you stand a very good chance of success