Tribunal composition in FTA Medical Appeals for ESA

Hullo,

I was wondering whether other people have come across Tribunals consisting of a Judge plus Medical Member in a case where the issue is simply the failure to attend a medical examination for ESA?

I had one this week in which the Judge and Doctor maintained they commonly get listed like this. I can’t see that is permissible under the Practice Statement on Tribunal Composition- https://www.judiciary.gov.uk/publications/social-security-and-child-support-cases-in-the-social-entitlement-chamber-on-or-after-01-august-2013/

Paras 4 and 5 don’t apply which leaves us with the single member required by para 6. I am not aware of any general use of the power in para 7 to state a medical member can sit.

Was a bit awkward in this case as the Tribunal were happy to allow….

Martin

Hi Martin

I agree it should only be one judge - [2017] UKUT 335 (AAC) confirms that that is the case for ESA appeals though for PIP appeals it is not the case. It refers to CH v SSWP [2016] UKUT 6 (AAC) but I can’t find that case

Here’s the other case (reference should be to [2017] UKUT 6 (AAC))

https://www.gov.uk/administrative-appeals-tribunal-decisions/ch-v-secretary-of-state-for-work-and-pensions-esa-2017-ukut-6-aac

Thanks guys. My question remains whether other advisers come across many cases where 2 member panels deal with such cases - I accept they probably should not do so…..

Martin Williams - 24 January 2018 11:45 AM

Thanks guys. My question remains whether other advisers come across many cases where 2 member panels deal with such cases - I accept they probably should not do so…..

Hi Martin
Not directly on this point but we are seeing an increase in hearings postponed / adjourned because they are listed before an incorrectly consituted panel for the issue /a judge who is not ‘ticketed’ to deal with the particular type of case. Presumably this is a result of the general admin. problems with HMCTS which just get worse and worse!

No we haven’t down here.

Martin Williams - 24 January 2018 11:45 AM

Thanks guys. My question remains whether other advisers come across many cases where 2 member panels deal with such cases - I accept they probably should not do so…..

Had one last year - a case which I picked up post FTT. It was an absolute shambles of a FTT decision and statement of reasons; not only did the SoS not produce a ‘letter history’ showing when the appointment letter was sent, he didn’t even offer a date on which it was sent. Set-aside granted at leave to appeal stage - on that basis and on the basis of the tribunal being improperly constituted. JP gave the set-aside.

Yes,  we see this across both London and the Southwest region.