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When the appellant is unable to travel to an IIB hearing in another town
I am dealing with an Industrial Injuries Benefit appeal that has been listed for hearing in the coming months.
Unfortunately in Sheffield, Tribunals are now heard at the Magistrates Court, as their own premises was closed two years ago as part of MOJ cost savings. This means that IIB hearings are conducted at Barnsley or Leeds where there are the facilities for medical examinations.
The client I am dealing with has mental health issues and states that she is unable to travel by public transport or by taxi. She is also clear that, even *if* one could be arranged, she would not want a domiciliary hearing.
Has anyone ever been a similar situation?
As far as I can see, other than trying to persuade the client to go by taxi to the nearest tribunal premises that can do the examination, a paper hearing is the only way forward. Things are further complicated by the client’s previous lack of engagement with services, so there is a lack of clear evidence to clearly back up her stated problems re: travelling.
Any suggestions on possible options would be welcome
Any chance of arranging a video link?
Any chance of arranging a video link?
Posibly - though as it an IIB tribunal - there will usually an examination - so its not just the Q&A of a usual tribunal
There used to be provision for a domicillary hearing for those so disabled they could not travel - not sure it that still exists? The tribunal panel goes to the appellant’s home.
The only other thing I can think of is to request the hearing is arranged for a venue the client feels able to reach. Her surgery, for example, if the surgery is able to accommodate the appeal and all parties are willing. Without some persuasive evidence of why she is both unable to attend one of the usual venues or cope with a domicillary hearing in her home though, I don’t think there’s much chance of persuading TS to go along with it. Failing that, if client is adamant she neither feels able to cope with travelling to an oral hearing or with a domicillary hearing I don’t think there’s anything you can do but to inform TS of the circumstances and request a paper hearing. Obviously, the prospects of success will be significantly reduced if the tribunal is unable to undertake a medical examination or hear her oral evidence but as long as she is made aware of this you’ve done all you can in my opinion.
It probably wouldn’t help given the issues you describe, but they hear Industrial Injuries Appeals at Chesterfield which could be closer if she lives that side of Sheffield?
Another thought is that if it is all mental health problems and no physical then an examination would not be required, so could you pursuade the Tribunals Service to list it at Sheffield Mags on that basis?