Reps giving evidence

Hello

I am the rep in an appeal for a gentleman with a learning disability. I have known him for some time, and I feel that I may be able to contribute some evidence at his appeal, based on what I have experienced by dealing with him - his apparent inability to navigate to a place he hasn’t been to before for an appointment with me, the fact that he often has soiled clothes when I do see him, for example.

I know that most Tribunals will be fine with this, as long as I stick to presenting evidence about what I have experienced and witnessed first-hand, but I did have a previous case in which the Tribunal were insistent that it was not appropriate for me, as the representative, to give evidence of any description. In light of this experience, I would like to have a couple of cases to hand to quote, confirming the principle that a rep can give evidence, just in case. I’ve managed to find CD LA/1138/03 but I wondered if anyone had any more recent references? I know it is a well-established principle (it’s confirmed by Jacobs in his ‘Tribunal Practice and Procedure’ book) but I am just slightly on guard because of the experience I had in the past.

Many thanks

Alex

SK v SSWP (PIP) [2014] UKUT 141 (AAC), CDLA/2462/2003 and CDLA/1490/2006 are others.

It generally wouldn’t be appropriate in court for a representative to give evidence on behalf of their client, but tribunals are not covered by the same rules and are able to admit evidence which would be inadmissible in court - see rule 15(2)(a).

A previous response from Elliot on the same subject also brought forth https://www.rightsnet.org.uk/welfare-rights/caselaw/item/tribunal-should-consider-whether-there-is-need-to-separate-out-appellants-d

This will also help.

https://www.rightsnet.org.uk/forums/viewthread/14267

FWIW I have long since included my evidence in things like a PIP 2 e.g. where I have done a HV and seen something first hand. Surprisingly effective. Declares that a WRO did the form but also adds in specific stuff which is often (hopefully) compelling.

We do have one former salaried (now fee paid?) judge in the NW who was insistent that reps. cannot give evidence at all but I’ve long since overcome that by laying out from the off that that’s my intent. Easy for me with sight-impaired clients as I can declare up-front that I am registered; need RAs etc.

Elliot Kent - 11 August 2023 04:56 PM

SK v SSWP (PIP) [2014] UKUT 141 (AAC), CDLA/2462/2003 and CDLA/1490/2006 are others.

It generally wouldn’t be appropriate in court for a representative to give evidence on behalf of their client, but tribunals are not covered by the same rules and are able to admit evidence which would be inadmissible in court - see rule 15(2)(a).

I have done so in the past where I have witnessed events (sudden without warning absence where partner caught the client before she fell). It was accepted and it happened in the tribunal waiting room and I think the clerk let the tribunal know.

Thanks all for your helpful and prompt responses, plenty there to use, if needed.

It’s much appreciated.