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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Telephone hearing may be better than no hearing at all…

Stuart
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Judge Rowland in CPIP/1251/2017 highlights that telephone hearings are an option if claimants don’t select an oral hearing, the lack of information from the Tribunals Service about the option, and potential requirement on tribunals to consider -

‘A telephone hearing may be adequate for case management or when considering a point of law but it is much less useful than a face-to-face hearing in cases where facts are in dispute or an assessment of disability, or of the effects of disability, is required. That is because non-verbal communication is lost. On the other hand, a telephone hearing may be better than no hearing at all in such cases and the wording of the standard form and letter means that, in considering whether the condition of rule 27(1)(a) is satisfied, the First-tier Tribunal may need to ask itself whether consent or a lack of objection may have been based on a lack of information about the possible options, particularly where there is reason to suppose that the claimant might have wanted a telephone hearing.’ (paragraph 7)