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Best & quickest way forward with this case?
I am currently advising a client. She has an 18 year old son who was receiving DLA MR Care and LR Mobility. He has diabetes, which is not well controlled and hypothyroid disease with short stature.
Although he is 18 years old he looks about 7 years old which he finds very difficult to deal with. There are anger management problems, anxiety, depression and he will not go out alone.
On renewal it was reduced to low rate care. Client consequently lost CA and premium etc. He is in full time education and she continues to received CTC and CHB for him. Client has to order a taxi everyday to take him to and from college (when he attends) or he refuses to go.
Client appealed the decision. Client tells me she requested a paper hearing because she thought the hearing would take place in Birmingham and she would not be able to get to the venue (she lives in Essex).
A paper hearing took place and the tribunal decided to no entitlement at all. Client is really annoyed that she was not informed that she could attend a local venue. I really think if an oral hearing took place, the case would have been successful.
Would be really grateful if anyone has any ideas regarding the best and quickest way to proceed with this case?
I am currently advising a client. She has an 18 year old son who was receiving DLA MR Care and LR Mobility. He has diabetes, which is not well controlled and hypothyroid disease with short stature.
Although he is 18 years old he looks about 7 years old which he finds very difficult to deal with. There are anger management problems, anxiety, depression and he will not go out alone.
On renewal it was reduced to low rate care. Client consequently lost CA and premium etc. He is in full time education and she continues to received CTC and CHB for him. Client has to order a taxi everyday to take him to and from college (when he attends) or he refuses to go.
Client appealed the decision. Client tells me she requested a paper hearing because she thought the hearing would take place in Birmingham and she would not be able to get to the venue (she lives in Essex).
A paper hearing took place and the tribunal decided to no entitlement at all. Client is really annoyed that she was not informed that she could attend a local venue. I really think if an oral hearing took place, the case would have been successful.
Would be really grateful if anyone has any ideas regarding the best and quickest way to proceed with this case?
Sorry, me again. I was thinking of requesting a set aside. But would the fact she thought the hearing was going to take place in Birmingham be grounds? She tells me that if she could have attended a venue closer she would have requested an oral hearing.
You may wish to look at CE/3130/2011 and the comments made by Judge Ward in relation to r. 27, or more specifically whether it was open to the tribunal to conclude that the claimant had consented, or not objected, to the matter being decided without a hearing.
You may wish to look at CE/3130/2011 and the comments made by Judge Ward in relation to r. 27, or more specifically whether it was open to the tribunal to conclude that the claimant had consented, or not objected, to the matter being decided without a hearing.
Thank you David, i will have a look.
CDLA/4184/2004 might also help - if the matter was dealt with at a paper hearing and no notice was given to the claimant that the tribunal was considering removing the existing award, the procedure is unfair and the decision should be set aside.
[ Edited: 9 Oct 2012 at 05:58 pm by ruthch ]CDLA/4184/2004 might also help - if the matter was dealt with at a paper hearing and no notice was given to the claimant that the tribunal was considering removing the existing award, the procedure is unfair and the decision should be set aside.
Excellent, thanks Ruth.
CDLA/4184/2004 might also help - if the matter was dealt with at a paper hearing and no notice was given to the claimant that the tribunal was considering removing the existing award, the procedure is unfair and the decision should be set aside.
Excellent, thanks Ruth.
Should i request a SWR first or go straight in with the reqest to set aside? Sorry, i never know whats best to do in these cases.
[ Edited: 10 Oct 2012 at 11:59 am by CAH-Adviser ]I’ve asked for quite a few set asides for the same reason and have never had one refused.
In the letter asking for set aside i always also ask for the full statement in the event the set aside is refused.
I’ve asked for quite a few set asides for the same reason and have never had one refused.
In the letter asking for set aside i always also ask for the full statement in the event the set aside is refused.
Thanks Nicky.