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Request denied for a statement of reasons

Rachel1
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North East Law Centre, Newcastle upon Tyne

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Total Posts: 148

Joined: 9 October 2019

Hi there,

I had an unsuccessful PIP appeal and made a request for the statement of reasons. I received a directions notice stating that that the tribunal does not have a recording of the session involving questions from the doctor (there was a break due to client distress) And as a consequence the record of proceedings is incomplete and a statement of reasons cannot be prepared. Is this grounds for an error in law in itself? This has never happened before and it seems to me that as we cannot check why the decision was made that it is not in the interests of justice.

Thank you for any help/advice in advance.

Elliot Kent
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The inability to produce a statement of reasons is a procedural irregularity which will justify setting the decision aside.

MA v SSWP (PIP) [2020] UKUT 172 (AAC) is authority that the Tribunal can’t set the decision aside without that having been specifically requested.

Therefore, you will need to apply for it to be set aside.

Rachel1
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North East Law Centre, Newcastle upon Tyne

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Total Posts: 148

Joined: 9 October 2019

Elliot Kent - 24 October 2023 04:27 PM

The inability to produce a statement of reasons is a procedural irregularity which will justify setting the decision aside.

MA v SSWP (PIP) [2020] UKUT 172 (AAC) is authority that the Tribunal can’t set the decision aside without that having been specifically requested.

Therefore, you will need to apply for it to be set aside.

Thank you for this.