First Tier Tribunal not suspending/postponing cases?

I am abit confused as to why HMCTS have still not suspended FT Social Security Tribunals? Considering many of the people who attend have underlying health conditions? Am I missing something?

HMCTS seem to be under the impression that they can just pretend everything is fine and carry on as normal in spite of the government guidance. This isn’t specific to SSCS.

There have been some concessions made yesterday and today and it seems that they are beginning to see that things cannot operate as normal.

We will have to see what happens, but I would be surprised if there is not significant movement over the next few days; whether that is postponing non-urgent hearings or increasing the number of telephone hearings I don’t know.

What concessions were these Elliot out of interest?

They stopped 3+ day jury trials, made a press release saying it wouldn’t be business as usual, there was a new employment tribunal practice direction encouraging remote hearings etc.

I’m losing track to be honest.

See also : https://nearlylegal.co.uk/2020/03/of-civil-courts-and-public-crisis/

Which applies equally to SSCS

It may come across as business as usual but we have had a number of cancellations recently due to unavailability / sickness of panel members.

Elliot Kent - 18 March 2020 11:09 PM

They stopped 3+ day jury trials, made a press release saying it wouldn’t be business as usual, there was a new employment tribunal practice direction encouraging remote hearings etc.

I’m losing track to be honest.

See also : https://nearlylegal.co.uk/2020/03/of-civil-courts-and-public-crisis/

Which applies equally to SSCS

Thanks Elliot.

Understand that all ‘oral tribunal sessions’ in Northern Ireland have been suspended from today:

https://twitter.com/KevinHiggins27/status/1240561323932561408

Dundee appeals still sitting and seeing people as of Tuesday this week.

Just got back from a hearing at Teesside Justice Centre and the only obvious sign of anything being different was the clerk staying well back from myself and the client, there being a slightly wider gap between the panel and my client and I (though the panel sat as close together as usual!) and the security guards wearing gloves and asking people to open and show the contents of their own bags. The clerk was not aware of any changes coming down the line in terms of closing it down.

Also, why yes I did win thanks for asking ;-)

Lord Chief Justice:

The default position now in all jurisdictions must be that hearings should be conducted with one, more than one or all participants attending remotely.  That will not always be possible. Sensible precautions should be taken when people attend a hearing. They are now well-known. We all take them when out of the home. There will be bumps along the road as we all get used to new ways of working forced on us the biggest public health emergency the world has faced for a century.

https://www.judiciary.uk/announcements/coronavirus-covid-19-message-from-the-lord-chief-justice-to-judges-in-the-civil-and-family-courts/

I am not sure this applies to tribunals.

I recently received a letter giving a FTT hearing date of 6 April. The client has been waiting over a year for this hearing, so it is really bad luck! I emailed HMCTS to explain that neither the client (who is in a vulnerable group) nor I would be able to attend, but that we would be happy for the hearing to go ahead based on the paperwork if it is actually held on that day. Today I received an emailed reply from HMCTS saying they have noted this, and that “Until further notice all hearings are to go ahead, unless you are advised otherwise.”

I doubt that is sustainable as it is likely that tribunal members will struggle to attend venues as the situation progresses, even if we don’t have a total lockdown.

I’ve literally today had an email from HMCTS for an oral PIP hearing on 16 April, I’m staggered that oral hearings are still being arranged, and for vulnerable customers too.

I have been working from home since Tuesday as I have an underlying health condition, for social distancing purposes. HMCTS needs to take step back and think more carefully about who they are expecting to venture out into towns and go into public buildings ....

https://www.rightsnet.org.uk/welfare-rights/news/item/contingency-arrangements-in-the-first-tier-tribunal-and-the-upper-tribunal-during-the-covid-19-pandemic