Complaint to JCIO re Panel & Copy to HMCTS Pre Set Aside

Hi all,

I know this is going to be a hard one for many to advise on, but sadly this is the only resource I have now. Apologies in advance for the long post.

I've finally got both copies of the audio - it has taken ages to get both of these as the first longer hearing wasn't uploaded online correctly but the second was - and I now have a 36 page transcript.

I've also had a look at the Statement of Expected Behaviour on the JCIO website which covers bullying and harassment and am pretty confident I've got more than enough evidence to make a complaint about each panel member's personal conduct.

I've stuck to what LL26 advised - note every time I was asked repeat questions, any time I was audibly in tears, any time the panel were being condescending, sneering etc and any time I ever say I don't understand/want a break and are ignored.

Before I write my formal complaints to the JCIO - I believe I have to write a separate one for each panel member - I'd just like to summarise here for feedback to ensure I'm approaching this correctly. Also what one person sees as bullying/harassment, another may not, so again I would like other perspectives.

I have an idea to send a copy of the transcript and my complaint to HMCTS and say I plan to ask for a set aside based on the panel's clear bias towards me in their behaviour/manner at the hearing, the fact I did not get a fair hearing due to this bias, the fact that the two reasons for refusal listed either were not put to me at all - I still have no idea what 'help seeking behaviour' means or refers to - or I made it clear in the hearing that I have never had any discussion with any GP re my medication yet for some reason I have been 'blamed' for that in the panel's refusal. And lastly a few material errors which if had not been made, would make a difference to my award.

I can't help thinking - why shouldn't I just ask for a set aside now, based on all of the evidence I currently have? Why should I wait for the WSoR which is clearly going to be 1) Sent late - unless this complaint forces the judge to act and 2) Going to be full of more rubbish? Right now I have clear evidence of bias/not a fair hearing and material errors which would have led to a higher award. It's clear the WSoR is simply going to say the panel don't believe me, or words to that effect, but they were so ruddy unprofessional I have no desire to hear their pathetic justifications for refusal.

Also I'm hoping if they're investigated for bullying/harassment then HMCTS may step in and decide I should get a set aside/fresh panel. I know I shouldn't expect this to happen without a WSoR but I plan to make my case with HMCTS with what evidence I have so far, at least then it won't be any surprise to anyone when I do ask for a set aside if I'm made to wait for the WSoR.

Lastly it states on the JCIO website that any delay of 3 months plus by a judge in sending any requested paperwork (WSoR) is another reason for complaint/investigation of their behaviour. It will be 3 months on June 8, however I will be away at that time so can't wait and see if he exceeds this timeframe. I'm therefore thinking of adding it in now as a point for the JCIO to investigate should the WSoR not be sent on time, unless anyone here advises against.

I won't be here or be well enough to see to any of this until July 16 but I've told HMCTS and they said they should be able to extend the deadline for me for a set aside. I'm also up against a tight deadline to get these complaints off as I'm going to be unwell sometime this week coming.

Your advice as always is valued and appreciated. Opinions please - is this clearly bullying/harassment? Is the panel clearly biased against me? Did I get a fair hearing? Anything else I should be aware of?

1. Number of times I'm audibly in tears

Hearing 1

- Crying throughout from 14 minutes to 20 minutes including blowing nose and being given tissues. During this time broke down/openly cried while answering at least 16 times. Blew nose at least 3 times.

- Crying once more, then 3 further times, then once more

- Crying throughout from 34 minutes to nearly 37 minutes including blowing nose. During this time broken down/openly cried while answering at least 8 times. Blew nose at least 3 times.

- Crying6 more times, blowing nose 3 times,

- Crying throughout from 52 minutes to 54 minutes, uncontrollable sobbing throughout while answering.

- Asking for a bin for my pile of used tissues at the end of hearing 1

- At no point was I asked if I wanted a break, offered one, shown any empathy for crying whatsoever. They just kept firing questions, often repeat questions or irrelevant to PIP/descriptors.

Hearing 2

- 7 further times crying/in tears or uncontrollable sobbing

Total times crying - 42 times
Total times blowing nose - 9

2. Number of times I'm asked repeat questions

Hearing 1

Number of times I'm asked if I've taken any other painkillers - 10 times in hearing 1
Number of times I'm asked how often I speak to my GP - twice in hearing 1
Number of times I'm asked if I've asked my GP for stronger painkillers - 3 times in hearing 1
Number of times I'm asked if I deliver courses (when I have repeatedly explained I will be putting them online) - 6 times in hearing 1
Number of times I'm asked how I care for my mum/what I do/if carers come in (already said in papers I don't do much at all & this was a lie written down by the rubbish assessor which is proved in my transcript of the DWP assessment) - 6 times in hearing 1.
Number of times I'm asked what my mum does to help me - 3 times in hearing 1, 3 times in hearing 2
Number of times I'm asked how often I go out - 6 times in hearing 1, 5 times in hearing 2
Number of times I'm asked why I don't go out socially - twice in hearing 2
Number of times I'm asked if people come to the house/if I socialise/go anywhere/talk to my mum's friends/can talk to someone I don't know if out (on the minority of days) - 6 times in hearing 1, twice in hearing 2
Number of times I'm asked if I go out with my mum - 3 times in hearing 1
Number of times I'm asked if I would be in my pyjamas (have already said this is the case - 4 times in hearing 1
Number of times I'm asked if I'm earning any money - twice in hearing 1
Number of times I'm asked if I've applied for any other benefits - twice in hearing 1,
Number of times I'm asked why/how I furniture walk & restrictions (after I've already explained) - 3 times in hearing 1, 6 times in hearing 2
Other random repeated questions - 5 times in hearing 1
Number of times I'm asked if I cook for myself (bad/good days) - 4 times in hearing 2
Number of times I'm asked about my finances - 4 times in both hearings

3. Number of times panel openly sneering/condescending or biased

- Once in hearing two - I was told I 'don't come across as shy and I come across as confident'[/i]

- Once in hearing two - Judge allowed unseen evidence into the hearing from DWP about my finances/limited company and made no objection despite knowing I was unrepresented

OTHER ITEMS - worth mentioning or not?

1. One of the panel members had a bell that kept going off on their phone throughout hearing 1. After I left the room at the end, I can hear the GP apologising for her 'alarm going off' to the other panel members before the judge tells the clerk to pause the recording. There were other noises from panel members like repeated coughing or knocking on tables (not sure why), but I remember this all added to the confusion/disorientation for me during the interrogation.

2. It appears to me that lots of questions that weren't relevant to PIP were asked - for eg if I earn money, if I've applied for benefits, what I'm living on/how I'm supporting myself financially, what my mum's disabilities are, why I didn't apply for PIP before. Some of these questions were even prefaced with - this is not relevant/your mum's entitled to privacy etc, but they asked the questions anyway and clearly expected me to answer them. Worth mentioning or not? If something is not linked to a descriptor, can they ask it? Also lots of questions were asked that had already been asked by the DWP and/or covered in my submissions or transcript of DWP assessment - are they allowed to simply keep asking the same questions again at Tribunal?

3. Several times I gave one answer but the panel member deliberately answered incorrectly when affirming my answer, thereby attempting to 'force' me to agree to the wrong answer. I know this was deliberate as I'd already answered the question how I had meant to. Smacks of bullying/obvious manipulation. I was heavily distressed and at times obviously confused (I had a headache which I had told the clerk and the panel so they knew this) so this seems an outrageous manipulation when listening back.

4. On that note at least 3/4 further 'trick' questions were asked about things I have never said in my papers or anywhere else. For eg - I was asked about cooking for me, then when I began to answer, I was deliberately and pointlessly interrupted with "I'm talking about when you cook for you, not your mum, yeah?" At no point did I ever say I do this or was I saying I do that. This happened several times with two different panel members, and ironically at the start of the hearing one of these offenders had the cheek to say 'There are no trick questions'.

5. GP misquoted and minimised my diagnosis from the consultant/only read half of it and also kept making wrong assumptions about why I had been given certain medication, without asking me why/what had happened.

6. Obviously nobody showed any empathy or care for me/ability to answer at any point.
The GP at the start said If we close down after asking you a question, we’re not being rude. It’s just that we have to ask a certain number of questions and we need to be sure we’ve asked them. And if you don’t understand anything please tell us and we’ll try to ask it in a better way. And as the judge says I’m looking at a laptop so…because we don’t get papers, we get everything digitally.

Does this mean they don't have to show any empathy or care?

7. I'm constantly being told I have to think back to how things were at the time I applied for PIP, but the panel members themselves keep coming back to the present, if I have been for counselling yet, what money I'm earning now, etc etc. They don't appear to have a problem if I'm answering a question in the present if they believe they are going to get me to slip up, but if they realise my answer will not benefit them, they shut me down and stop me answering. The GP actually snaps at me at one point and I'm so scared I give her an answer I wouldn't have given (after a barrage of repeat questions from her).

8. I'm constantly interrupted/cut off/talked over by two members when I'm trying to answer at various points and sometimes they don't let me finish and often I sigh when interrupted.
I can't be bothered to count how often this happened right now but estimate this happened at least 20 or so times throughout both hearings.

Ugh, got to the end of my essay!

Thanks in advance for reading/advising. I will be sending these complaints in by Tues 14.

Thanks LL26 - just a quick reply to thank you again for your help, I can't reply in detail as I'm now really sick but this means I can't send the complaints etc in until this weekend now. I will reply again when I'm better

Thank you BIS - I will reply properly when I'm better but I really appreciate your input and I agree - they appeared to enjoy degrading me.

Also I just want to apologise for putting lots of paras in bold - this was a mistake, I only wanted to use them for headings.

Just to add as well, I forgot:

Number of times I'm asked if I deliver courses (when I have repeatedly explained I will be putting them online) - 6 times in hearing 1, 4 times in hearing 2, so 10 times in total. I think it's clear they didn't believe I wasn't going to deliver courses in person and so were gunning for me on that, trying to get me to say I was going to deliver in person which is ridiculous as I have a website to put them on which can be checked so I'm not lying about that. Poirot they ain't.

Re the putting words in my mouth/deliberately answering incorrectly for me. Yes it could have been a mistake, but the GP asked me how many good days I had, I said 8-10 which is what is also on my form. She repeated 8-10 good days so she knew I had said that. Then when she asked me the same thing again, I said 8-10 good days. She then answered 8-10 bad days. Where did she get that from? Because it was not me and she did not mishear me the first time? I then had to correct her and say no, 8-10 good days.

Unless of course she's incompetent as well as nasty (other examples point to this, such as the repeatedly saying 'you'd be in your pyjamas?' 4 times when I've already told her this, and repeating it after I break down in tears).

Don't worry I won't rant as there is no time or space for it, there's so many examples to point to that it''ll take ages to list them all.

I have read that the JCIO have the power - as part of their disciplinary measures - to restore the case as if this hearing didn't happen, ie to grant a new hearing so I guess that is the same as a set aside. I really hope this happens although I won't hold my breath as that way disappointment lies

I'll reply later this week and will try to send these complaints this week if I can.
Re the complaint to HMCTS about the WSoR 1 month deadline - I don't think I'll do that yet cos I don't want it to be sent to me now, I really won't be able to respond/challenge it until July 16th now really. But I'll certainly keep it in mind for when I get back, although I hope in the meantime this complaint gets a result in some way (indirectly).