Why can't we have a representative from CAB?

We contacted our local CAB when both ESA/DLA failed. They told us to gather all the evidence and send to them, they will submit the appeal for us, but they can't represent us in the appeal. Everybody is saying that if you have a representative, then you have a better chance of winning, but where to find one?

English is not my first language, I don't have the confidence to represent my husband in court. He has panic disorder and anxiety, if he goes to represent himself, I am afraid that he may blackout again.

If we let CAB to do the paper work, can we really trust them to get it right? I do feel like I'm on my own, but I don't want to give up.

Hi,

Many CAB's rely on voluntary members, although the larger CAB's do have paid welfare rights advisers.

However, most of them are so busy that although they are usually able to help with tribunal submissions, they cannot do representation at tribunals.

If your local CAB cannot help then try Community Legal Advice

However, if you can't find anyone to represent you I wouldn't worry. Most appeals succeed not because of new evidence, but what the appellant tells the tribunal on the day of the appeal.

Good luck.

Jim

Each CAB is a separate charity, relying on funding from a variety of different sources, such as Legal Services Commission contracts (legal aid) and money from local authorities. Some have enough money to provide representatives at appeal, some don't.

If you're eligible for legal aid, there may be a firm of solicitors locally with relevant knowledge. Or you might find someone at a local representative group or charity. In some areas there are organisations that provide advocacy for people with mental health problems, and even if they did not have experience of this sort of tribunal, they may have experience of other sorts of tribunals and therefore relevant advocacy experience.

It may be that you will need to get the CAB to prepare the papers but to find an advocate elsewhere.

Cross-posted with Jim. I should have thought of CLA.

The problem is that CAB are no longer funded by CLS for representation. I used CAB without being told that they do not provide representation until a late stage (I wouldn't have bothered if I knew), while all along there was another organization in my area that provides the full service.

I hope you can find something similar in your area.

I hadn't realised that none of the bureaux had got contracts for tribunal representation. I knew that some bureaux hadn't got contracts at all recently and that some had only got them as part of consortia with law centres and firms of solicitors, but I didn't know that all these contracts were advice only. Thanks Derek.