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Face to face appeal hearings are back
So, after nearly 30 months thanks to the covid arrangements, we actually have a date for a face to face PIP appeal hearing rather than a phone hearing! We hadn’t seen any publicity about the re-introduction of in-person hearings so it did come as a surprise to us.
I did speak to HMCTS as our client is too anxious to go out and so we are trying to get it changed to a phone hearing: that request is now being considered.
HMCTS confirmed the move back to face to face hearings is now gathering pace.
I’ve done quite a few in person.
According to our last Tribunal User Group meeting the option to request a telephone hearing will remain;presumably your client asked for a F2F.
Yes we’ve been back to face to face hearings for several months at least. Still getting a smattering of telephone cases coming through but face to face is definitely creeping back towards the majority again.
F2F have, as Dan says, been back for some time but it’s up to the client to have requested it.
As best I can tell from various conversations in recent months the issue with listings is an entirely predictable and lovely mix of a shortage of clerks and some property lease issues restricting slot availability, combined with mixed days (where tribunals are required to attend a venue to do a mix of telephone, video and F2F) falling to pieces on a regular basis thanks to technical issues and some tribunal members reflecting the concerns of much of the rest of the population around Covid and H&S. The number of problems around electronic papers which tribunals have but appellants (whether represented or not) often don’t appears to be “becoming a thing” too.
Given the backlogs which have accrued I would guess HMCTS will start to cram those F2F hearings which do happen. If I had a F2F listed I would definitely go query how many slots have been allocated and how long they are.
We have of course been here before. Not enough clerks cos court clerks could pick it all up. Er, no. Not enough slots so we’ll cram them in. That then produces mass adjournments followed by a letter to agencies from your Regional Judge asking reps. to do your bit in minimising adjournments: a problem they created in the 1st place. This of course is triggered by judges recording that the rep./appellant requested an adjournment when they did no such thing.
Still makes me laugh remembering a now semi-retired judge recording that “Mr. Hughes argued vociferously for an adjournment”. My client had surreptitiously recorded the hearing (lord knows why). It would have been brilliant to have been a fly on the wall when the phone recording revealed that Mr. Hughes argued for around 10 minutes vociferously against any kind of adjournment and overtly criticised the judge for trying to record the request against a rep. rather than damage their own stats. on adjourning.
Whilst DWP have become politicised to the extent they seem comfortable misusing statistics it has always struck me that the statistical interpretation of trends at HMCTS is shocking. If only they had someone they could talk to who could predict what might be coming down the road…
[ Edited: 16 Aug 2022 at 05:07 pm by Mike Hughes ]The number of problems around electronic papers which tribunals have but appellants (whether represented or not) often don’t appears to be “becoming a thing” too.
I thought this is worth sharing again: https://www.rightsnet.org.uk/forums/viewthread/18465/
Other than that, the disparity in how long cases are taking to list is shocking; we’re getting some PIP appeals coming in at the 3 or 4 month mark while we’ve still got cases that have been waiting 8 months for their first hearing. Looking at the age of the appeals the electronic cases are being listed much more quickly which just ain’t fair!
Had forgotten your post Dan. My understanding is that they are suddenly prioritising new appeals for fairly quick hearings. Meanwhile in the background…
I’m just looking at one of mine. Lodged in September 2021. They’ve had a statement from me that’s it’s ready to list and a follow up driven by the appellant back in June who is more than a little unhappy we’re still waiting.
And we’re still waiting…
Just had a (London) case where it took 18 months to get to tribunal. He requested an in person hearing . At point where hearing date set DWP called client offering a ‘deal’ - standard rate of mobility and enhanced rate daily living ( which is what was argued for). Backdated to Jan 2021.