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Proving Sexual Orientation - Is a Statement of Truth Sufficient?
I currently have a case where a client is accused by the DWP of being a couple with his carer who sleeps on the sofa while he sleeps in the 1 bedroom.
The DWP assumed a man and woman of similar ages are automatically a couple and made the decision before giving either a chance to explain the situation. The client’s carer states she is homosexual and as such there is no sexual relationship between the 2 and do not in any way present themselves as a couple in public. Nor do they support each other financially.
Unfortunately neither is currently in a relationship and so witness statements from others is not available. However, does anyone know of any cases relating to how someone proves their sexual orientation? Does anyone know if signing a Statement of Truth is sufficient or if we will need more? My thoughts are that if the DWP/Tribunal insist on further evidence such as directing the carer to obtain statements from past partners is very undignified and borders on discrimination.
Does anyone else have any thoughts on this?
My thoughts are that if the DWP/Tribunal insist on further evidence such as directing the carer to obtain statements from past partners is very undignified and borders on discrimination.
I agree - if the tribunal or the DWP were to do this. But they won’t - even the DWP isn’t that daft.
No ‘proof’ or statement of truth is needed. Remember, the burden of proof in a case such as this is on the DWP, though it does no harm to be proactive in presenting evidence of non-cohabitation - if they don’t present as a couple, don’t have shared finances etc. and simply state that there is not (and never has been) a sexual relationship, then this should be enough.
Edit to add that the absence of a sexual relationship is not definitive of there being no cohabitation. Some couples live together, married or unmarried, and rarely (never in some cases) engage in sexual activity. Yet they are in a harminous co-habiting relationship.
Absolutely - although the instances where such couples have never had a sexual relationship will, surely, be relatively rare. As such, it’s worth stating the fact that the relationship has never been a sexual one to the tribunal.
Thanks for the responses.
Hopefully the DWP exercise common sense on this one!!