Postponement request refused

I have a PIP tribunal in early September that I requested was postponed. My client will be out of the country due to a series of family health problems in his home country, his flight is booked and non-refundable.

A judge has refused the request to postpone and said that if he fails to attend the appeal is likely to proceed in his absence. The document refusing the request is headed ‘Decision Notice’ and gives no indication that it is possible to appeal it.

Can I appeal it? Or do I have to turn up on the day and argue for a postponement again?

I think that the refusal is based on the judge misunderstanding the facts about my client’s situation, probably because I did not make them clear/detailed enough in the postponement request.

There is nothing in the legislation which prevents a further written application for a postponement. Do it again and add in the detail you think was missing. I presume you also always add in a paragraph or two explaining why others in your service cannot step in.

Thanks Mike, I’ll give it a go. If that doesn’t work I will turn up on the day and argue for it again, despite having better things to do than driving to Bradford and back of an afternoon for 5 minutes of representation…

It’s the client who will be abroad, not me.

I have, in the past, faced a similar scenario. 2 postponement requests refused, hearing proceeded in Cl’s absence, resulting in negative decision, request for SoR followed by successful application for set-aside and re-hearing on the grounds that Tribunal had twice been informed Cl would not be able to attend, but wished to be present for hearing, therefore Cl had been denied fair hearing.

It seems requests for postponement are routinely refused, no matter what the reason for the request.

At the risk of being controversial I’m not sure I agree. My experience has always been that if you’re postponement request is detailed enough (always translates as more than a side of A4 in my case once you’ve taken into account letter heads) and emphasise that the matter is going to need a judge to make a decision and perhaps some directions then it’s unusual to be refused. Fully appreciate that time restrictions can often make the above difficult to achieve but a letter from me would normally argue

1 - grounds for postponement - who can’t attend; what needs adding into the appeal papers etc.
2 - a clear statement that the appellant wants to attend and I have no authority to proceed in their absence.
3 - a reminder of the limits on my availability.
4 - a full explanation as to why other members of our service not only cannot pick up the case but why, if applicable, it may not be appropriate.
5 - an assertion (rather than a request) that the matter needs to be determined by a judge as it will need directions on when it’s appropriate to re-list.

Framing it as a request for directions can be very helpful.

Mike Hughes - 24 August 2018 09:26 AM

At the risk of being controversial I’m not sure I agree. My experience has always been that if you’re postponement request is detailed enough (always translates as more than a side of A4 in my case once you’ve taken into account letter heads) and emphasise that the matter is going to need a judge to make a decision and perhaps some directions then it’s unusual to be refused. Fully appreciate that time restrictions can often make the above difficult to achieve but a letter from me would normally argue

1 - grounds for postponement - who can’t attend; what needs adding into the appeal papers etc.
2 - a clear statement that the appellant wants to attend and I have no authority to proceed in their absence.
3 - a reminder of the limits on my availability.
4 - a full explanation as to why other members of our service not only cannot pick up the case but why, if applicable, it may not be appropriate.
5 - an assertion (rather than a request) that the matter needs to be determined by a judge as it will need directions on when it’s appropriate to re-list.

Framing it as a request for directions can be very helpful.

I agree with everything Mike says. However even that is not always enough. Maybe outcomes vary depending on which HMCTS regional office is responsible?

I had a case (child DLA) a couple of weeks ago where we requested a postponment because the family (4 disabled children) would be on a holiday paid for be a charity which had been arranged before the tribunal date had been notified but the application was refused (which they often are by Birmingham).

We renewed the application as a request to the tribunal for an adjournment on the day which was granted without any difficulty (as they nearly always are) - a waste of everybody’s time & money.

Of course requesting an adjournment on the day can be a pain if the particular venue is not one where it is easy to contact the tribunal clerk by phone or email on the day (or a few days before) and the rep has to attend in person just to make the request!

One would hope that the salutary decisions coming from the UT regarding tribunal’s proceeding in the appellant’s absence would put District Tribunal Judges and tribunal caseworkers on notice about refusing a postponement, but sadly the theory seems somewhat divorced from what happens in practice.

Perhaps time for a re-write of the Bench Book guidance on postponements is too much to hope for?

I think the pressure on Tribunals to dispose of cases quickly, thanks to the ridiculous waiting times resulting from closures of smaller venues, means that Judges are very reluctant to postpone or adjourn.