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eVIidence for LT by interested? party
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
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.
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.
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.
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…...
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.
ps. pardon my ignorance - what is the ‘L’ in “LT judge”?
Lower, I assume.
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).