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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

eVIidence for LT by interested? party

TJL
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Derby advice - Derby Homes

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Has anyone any experience   of someone being allowed by LT judge to give evidence on behalf   of a client?

There are no other   local organisations who are prepared to deal with him.

His   behaviour   is   intrinisic to the appeal being allowed and I’m scared   he will behave reasonably at the   hearing   just as   he did when the EMP did his report

Thanks   in advance

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Yes, my colleague did this fairly recently at Bradford. Client had severe mental health problems and completely lacked insight into her conditions. Medical evidence was submitted to this effect (which I imagine was fairly crucial in getting it accepted) and her son attended instead of her.

tootired
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I&A, AgeUK Teesside

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Yes but to make sure, prepare a written statement, have the person sign it and submit it as evidence prior to the hearing. It is then highly likely that the tribunal would want to ask him/her about the evidence at a hearing whether or not the client attended. Even if nobody attended, they should consider ALL evidence submitted.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Is he under your local mental health team? If so a copy of his clinical risk assessment is the best evidence you can get…

It’s very common with my caseload either for CPNs, Social Workers or indeed myself to give evidence regarding individuals and FtTs have no problem accepting it.

TJL
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Derby advice - Derby Homes

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No hes   not as he thinks   in a very prejudicial manner towards people like that, he   has   no history   of self harming.

Interestingly since the LT was   postponed on Tuesday due   to my sickness the DN suggests he consult with me before   proceeding as his current award   is at risk.

In my experience this means they he   is likely to lose what   he   has…...

TJL
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Derby advice - Derby Homes

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Theres no possibility of   him being violent, what concerns me is that   he does   not give a true picture   of his behaviour ie   is   meek and   mild.

As regards giving   evidence   myself I’;m not   keen on it but as my boss does   not want our admin team to do so I’m a bit stuck ( they try to deal with him most   of the time.

Gareth Morgan
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CEO, Ferret, Cardiff

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Tony Bowman - 20 June 2014 04:36 PM

ps. pardon my ignorance - what is the ‘L’ in “LT judge”?

Lower, I assume.

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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TJL, could you get written statements from your admin workers that you could present as evidence?

Presumably you have a bit of time before the hearing is re-listed. Is there any other independent source of evidence? What is he like when he attends his surgery for example? Does he live in social housing and if so, what is his relationship with his housing officer? From what you say, other local agencies have had ‘issues’ with him so it would be worth contacting any that he has had dealings with in the past to see if they have any records of his behaviour (especially if any of them have banned him).