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Tribunal questioning re suicidal thoughts/acts
I attended a remote PIP tribunal recently held outside of our usual area. The Medical Member asked quite a few questions relating to my client’s suicidal thoughts, including whether she had ever actually attempted suicide. This was obviously quite upsetting for my client and I felt pretty unecessary. There was ample medical evidence of mental health concerns, including GP records which referred to suicidal thoughts, in the papers and it was not directly relevant to the PIP criteria at issue.
I am waiting for my client’s opinion as to pursuing this as a complaint but I can’t lay my hands on any guidance or directions around how tribunals should deal with this subject. Anyone got any thoughts on or experience of this?
Thanks
I don’t have any experience of this, but my thoughts are that there are grounds for complaint.
This kind of questioning should always be approached with caution, but is especially risky when we’re in lockdown; the hearing is remote and the client potentially might not see another person for months yet to come.
I work with clients with mental health conditions and I always ring them shortly after a hearing has ended partly to check they’re ok.
HMCTS have guidance on dealing with Child, Vulnerable and Sensitive Witnesses, so this might be helpful in formulating a complaint.
Here’s the courts and tribunals judiciary practice direction -
It’s a question asked increasingly by HCPs during telephone assessments. Crass, simplistic and dangerous I think.
Been an eye opener having tribunals from out of area. I had Preston last week. What has consistently taken by no more than a written sub and 10 minutes in the past year for GM based tribunals suddenly turned into 2 hours of agony.