Tribunals

Problem scenario

Simon is fifty-five years old. Unfortunately, he has suffered a very serious stroke. Whilst he is slowly recovering, he has a very limited use of his right arm and his mobility is limited. Simon used to work as a builder, but inevitably he has been unable to work since his stroke. Simon has applied to the Department of Work and Pensions for Employment and Support Allowance, a social security benefit which provides support when someone is unable to work or has a limited capability to work. However, the Department of Work and Pensions has refused his claim on the basis that he is capable of doing some work.

Analysing the scenario

Imagine that you have been presented with this scenario and asked to advise Simon.

Firstly, Simon is required to request that the Department of Work and Pension reconsider their original decision. Assuming that the Department does not change their decision then Simon should go to a tribunal, as is his right.

Simon’s appeal would be heard by the Social Security and Child Benefit Tribunal within the Social Entitlement Chamber of the First-tier Tribunal. This is precisely the sort of decision that should be resolved through tribunals, and Simon will want the matter to be resolved quickly, with the minimum of hassle. Making the appeal would also be free. The tribunal would be able to retake the original decision, if necessary imposing their own new decision, which is binding on both parties.

Simon would be able to request an oral hearing. This is likely to be to his advantage as the tribunal panel will be able to see the extent of his condition, in addition to the medical evidence sent. The tribunal would be likely to follow the enabling approach and allow Simon to explain his case. Should Simon struggle, the tribunal panel would be likely to become more inquisitorial and ask him questions to ensure that the relevant issues have been discussed.

Given the experience of the tribunals system during the Covid-19 pandemic, it is possible that a hearing such as Simon’s could take place entirely online. This may have disadvantages, particularly in cases such as Simon’s when a visual assessment of Simon’s condition could help determine whether he meets the criteria for Employment and Support Allowance.