Client unable to attend IIDB hearing

I’m representing a client at an IIDB hearing tomorrow and have just been informed that he won’t be attending. He feels unable to drive there due to stress and couldn’t use public transport due to his anger issues.

Will there be any point in me attending alone or will they just adjourn. It’s already been adjourned twice due to issues with the client attending. If neither of us attend, will they just make a decision based upon the paperwork?

I think if it was the third non-attendance I would attend - either to do any repping necessary if they decide to proceed on the papers or to discuss with the tribunal possible ways to assist the client to attend in future so that they can justify adjourning again.

I think it is important to establish with the client exactly what is preventing him from attending. If it is anxiety re. the hearing itself then you need to establish whether the client is realistically ever going to be able to attend. If it is problems with the journey then if you get some medical evidence confirming that client is unable to use public transport/drive then the Tribunal Service should be able to pay for a taxi.

It might be relevant to note that for IIDB, the tribunal’s medical member can carry out a physical examination. Not sure how that would factor into a request for eg a telephone hearing.

The first paper-based hearing was adjourned so they wanted to hear from the appellant. The 2nd was adjourned as the client couldn’t get to the centre and requested a new one. I have now asked for an urgent decision from the judge on whether they can proceed based upon the paperwork, or adjourn & provide a taxi as kindly suggested by Sam, or arrange a telephone hearing. Thank you for the replies.

I really do think you ought to go to the hearing. The Tribunal will hopefully be prepared to give you some sense of what they make of it all at least whether they think an examination is likely to be helpful or necessary and then if need be in accordance with instructions you can make your application for a further adjournment and give some better explanation of the circumstances.

I would agree with Elliot. Obviously if your attempts to come to some solution prior to the hearing are successful that’s one thing but in the event that you don’t hear anything from the Tribunal in advance of the hearing you really should go along anyway.

Thanks for all the replies. I attended in his absence and the appeal was allowed in full.

Nice one Phil!