CDLA 1094/ memories   of   past care/mobility   needs

Bearing   in   mind the tnread running through 1094 which   having   skim   read   it seems to be the LT want to q.  the appellant to hear their   oral evidence before   coming to a decision.  Is anyone aware   of any tactics to get around this   bar med.  evidence- i   know   i would find   it   hard to   remmeber what   i was   doing a couple   of   years ago never   mind   intricate d etails   of whether   i could walk x or y   yards for example,

Thanks   in advance

Toby

The tribunal will be well aware of the difficulty most people will have of remembering exactly what they were like at the date of the decision and will (or I always used to) explain to them the need to try to remember. I always used to try to link it to something obvious like Christmas or a birthday, and gently lead them back to the date in question if they started saying “but since my fall in August I haven’t been able to…”.

The problem is that the tribunal, like every other sort of judicial proceedings, will be looking for the best evidence. For most disability cases, that will be the evidence of the person themselves or someone with direct personal knowledge such as a close family member or carer. Doctors on the whole only know what the disabling condiditon is and how it is being treated. Most GPs have very little idea how incapacitated people are by their conditions, and you can’t assume that simply having the particular condition will tell you what impact is has on any one person. At best the diagnosis can tell you what sort of effects are likely.

Of course if the doctor really does know that’s invaluable, as may be the evidence of someone like an occupational therapist - underrated resource in my view - support worker etc. The trouble is they tend to change from time to time.

The best answer would be if tribunals could be held within at most three months of the date of decision - though that still wouldn’t get round the problems of rehearings after UT decisions.