ESA Tribunal in another city

A client of ours who lives in Cardiff appealed an ESA decision but the Tribunal was held in Taunton. She could not attend and so lost.

Was this a mistake and, if so, is it grounds to appeal?

Hi Carmind

Did you or your client contact Tribunals Service to request that the hearing takes place nearer to Cardiff?

Derek

carmind wrote:

A client of ours who lives in Cardiff appealed an ESA decision but the Tribunal was held in Taunton. She could not attend and so lost.

Was this a mistake and, if so, is it grounds to appeal?

I suppose it all depends on the actual circumstances of the case. For example did the appellant want an oral hearing or opt for an on paper tribunal (which could be held anytime/anywhere)? If the appellant was unable to attend did he/she inform the tribunals service in good time and request an adjournment?.

The legislation regarding attendance at tribunals is on pages 15, 16 and 17 of the following:

www.legislation.gov.uk/uksi/2008/2685/pdfs/uksi_20082685_en.pdf

but do note (if this does apply)

Hearings in a party’s absence
31. If a party fails to attend a hearing the Tribunal may proceed with the hearing if the
Tribunal—
(a) is satisfied that the party has been notified of the hearing or that reasonable steps have
been taken to notify the party of the hearing; and
(b) considers that it is in the interests of justice to proceed with the hearing.

Pete

carmind wrote:

A client of ours who lives in Cardiff appealed an ESA decision but the Tribunal was held in Taunton. She could not attend and so lost.

Was this a mistake and, if so, is it grounds to appeal?

As you refer to 'a client of yours', presumably you are an adviser or advice agency (?) , which if this is the case I would have expected that you'd know the rules on ESA Appeals. Did your client ask for an oral hearing, or for a 'paper hearing'. ?

If you're not an advice agency, then if your client asked for an oral appeal, but wasn't able to attend due to the long distance from her home to the appeal venue, then from my experience that would be grounds for an appeal to the Upper Tribunal. However, if she agreed to a 'paper hearing' then I cannot see any grounds to appeal to the Upper Tribunal.

Hope this helps.

Pat