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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Requesting Tribunal delay a decision

FerhanaBhogadia
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Senior WRO - Leicester City Council Welfare Rights Service

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Total Posts: 45

Joined: 18 June 2010

At FTT DLA hearing for a visually impaired child, a completely novel medical point came up relating to glasses being an alternative to contact lenses for a 18 month old child, which we had not considered as a real possiblity.
There was oral evidence of mum that she had been advised by the doctors that the alternative treatment (glasses rather than contact lenses) was not suitable for THIS child.  We didnt have anything in writing about the issue.  There was evidence that glasses could well be a good alternative generally for such cases.
As the point was novel, we had no medical evidence to support it.
I asked the Tribunal that if they were minded to make an adverse decision, to hold fire on that, because we could produce medical evidence to back up the oral evidence from mum that the alternative glasses were not suitable.
The Tribunal went ahead and made their decision anyway refusing any care component.
They have not commented in the Statement of Reasons on the mum’s evidence.
They have not preferred the GP supportive evidence.
They have preferred to rely on evidence from the consultant produced by DWP-ignoring my submission that the right questions were not asked as the questionnaire did not make clear the test for children.

Can anything be made of the fact that we had offered to obtain medical evidence to support the special circumstances of this child and it was a novel point which we had not considered?

John Birks
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Welfare Rights and Debt Advice - Stockport Council

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Total Posts: 1064

Joined: 16 June 2010

Its a matter of requesting an adjournment to get the evidence rather than saying ‘if you’re not goig to give us a favourable decision, I want an adjournment.’  If you let the chance to adjournrn for further evidence slide by thats the reps responsibility or at least thats my experience.

For now I would think its a matter of pursuing leave to appeal and refer to your recolloection of the events and any notes you may have taken at the time.