Forum Home → Discussion → Decision making and appeals → Thread
Hearing 2 clients appeals at one sitting
Just wondering if anyone has ever had a single hearing for 2 clients? It is a DLA appeal for 2 children with the same appointee. They were listed separately and the first should have been heard recently but Tribunal decided both should be held together. I’ve asked around and nobody has ever come across a tribunal making such a decision. I’ve taken advice on what to do next but I wondered if it is as unique a situation as it first appears.
Whilst it sounds wrong on the face of it, I’m wondering…...
The children won’t be giving evidence
The appointee will be giving evidence for both children in both appeals
Nothing inherently wrong with the same three panel members deciding both appeals
So long as the tribunal draw a clear line between the appeals (10:00 until 11:30 child A, 12:00 until 1:30 child B) and the waters don’t get muddied, then fine.
But;
1. Might be a bit exhausting for appointee doing two hearings back to back - though on the flip side, less time consuming overall?
2. Major issue might be the panel coming to the 2nd appeal entirely fresh if the 1st appeal goes against the appointee - particularly if credibility were to be a factor in that (a factor either way - FtT don’t believe the appointee or appointee thinks she lost the 1st appeal because they didn’t believe her).
The second reason is the major one why the same tribunal hearing the same appellant’s ESA and PIP appeals back-to-back is a bit iffy - this isn’t that different.
Changed my mind mid-post there, lol.
I did 4 DLA appeals together once with a mother for her four disabled children - I didn’t think to question it at the time. But I think it did work best for the mum and to get all the evidence over - I think we did deal with each child sequentially but a lot of it was repetitive and relevant for each others appeals so we could sort of refer back to evidence already given. To the best of my recollection I think we did it one session - either morning or afternoon - though it may have run over a bit. It was about16 years ago now though so I may not be remembering perfectly.
We won all 4, though different levels of awards
Yes, did one DLA case for twins with multiple impairments. Worked very well but at the outset I asked for a 10 minute break to be inserted to the benefit for all concerned, not least as the parents were 24 hour a day carers; elderly and infirm. Nowadays I would seek directions to that effect in advance.
Thank you so much for all your replies, it was just the reassurance I needed to proceed. I will take the advice and ask for a break as well. Thanks all.