Is it possible to ask for a statement of reasons as well as to 'set aside'?

Ugnaught

Is it possible to ask for a statement of reasons as well as to 'set aside'?

rogerblack

Are you talking about a first/higher level tribunal?

Richie-from-the-Boro

UT - I assume - looking for errors of law.

Set aside depends on what grounds you are claiming for the set aside. SOR and SA are not mutually exclusive for example a set aside decision could never be reached without a statement of reasons [ the SOR may / may not correct any ambiguity in reaching the original decision ] anyway.

O/P what are your reasons for the set aside and as rogerblack says what level of hearing ?. No I'm not nosey, its a critical part of your original question ! Is it just an ' I can't attend on that date ' type reason for example ?

Ugnaught

Hi, its actually a first tier tribunal. So far i've read up to the bit where it says my appeal has been disallowed (i've been using something on the sheet partially covering up the decision notice so i don't get too panicky:silenced:)

My reasons for the set aside: I reckon they won't give adequate reason because my extra evidence i got to the tribunal service got to them the day before the tribunal where i told them i wanted it changed from an oral hearing to a paper tribunal.

rogerblack

Ugnaught wrote: »

Hi, its actually a first tier tribunal. So far i've read up to the bit where it says my appeal has been disallowed (i've been using something on the sheet partially covering up the decision notice so i don't get too panicky:silenced:)

My reasons for the set aside: I reckon they won't give adequate reason because my extra evidence i got to the tribunal service got to them the day before the tribunal where i told them i wanted it changed from an oral hearing to a paper tribunal.

Several issues.
You'd need to get the statement of reasons first.
Well - first you need to read the letter - or get someone else to!

You do not get to pick always what sort of tribunal you get - if the tribunal thinks it's more appropriate to request an in-person tribunal, that's what you get.
I question if you can give that short notice and have them usually take notice of it - I would expect that would be held to be unreasonable.

What do you mean by 'got to them' - often post may not be opened and completely processed in one day. The DWP are especially bad at this, but I'd be surprised if the tribunals service are always that prompt, given that they've got waiting lists of over 6 months.

Did you not turn up?

Ugnaught

Well no i didn't turn up as i wanted it changed from an oral tribunal to a paper tribunal.

The extra evidence i posted (recorded signed for) got to the Tribunal Service the day before the hearing.

A couple of days after the hearing they sent me a brown envelope.

Cpt.Scarlet

Ugnaught wrote: »

Well no i didn't turn up as i wanted it changed from an oral tribunal to a paper tribunal.

The extra evidence i posted (recorded signed for) got to the Tribunal Service the day before the hearing.

A couple of days after the hearing they sent me a brown envelope.

When did you request the change to a paper hearing?

If you made the change and then submitted further evidence, then there may be no reason for a set aside, as it would be your fault for failing to ensure your evidence was available for the hearing.

Ugnaught

The letter i got with it gives advice but is slightly confusing is that it doesn't say to ask for a statement of reasons before asking for a set aside.
But it does suggest to ask for a statement of reason before applying for permission to appeal to the upper tribunal.

I was hoping they might adjourn the hearing as the letter i got last November said "Producing key documents at the last moment may result in the Tribunal adjourning the hearing, so that the Tribunal and the other side in the appeal can have a fair opportunity to consider that late evidence"

Ugnaught

Cpt.Scarlet wrote: »

When did you request the change to a paper hearing?

If you made the change and then submitted further evidence, then there may be no reason for a set aside, as it would be your fault for failing to ensure your evidence was available for the hearing.

I requested the change to a paper hearing at the same time as sending extra evidence.

Ugnaught

I've read a couple of lines more and it says I've the same DLA as before then under that so far is blank.

rogerblack

Ugnaught wrote: »

I've read a couple of lines more and it says I've the same DLA as before then under that so far is blank.

Unfortunately, you've put yourself in a difficult position, and your claim that you should get it set aside is probably very weak.

This may be made stronger if you argue on the grounds of natural justice that you have not had a fair hearing, and you had medical reasons for not turning up.

(severe agorophobia or whatever).

If they got the letter and it worked its way to the right department the day before, they are quite within their rights as I understand it to proceed, especially as what you had was effectively an oral tribunal (though the representative from the DWP will likely have turned up).

If they did not get the letter to the right department, and it contained information critical to your case, then your argument is a bit stronger, if the letter contained information that would be key to your case.

You first need the statement of reasons, as it might be that they considered your new evidence and came to the conclusion they did in light of it.

If this is so, you would have to find an error in law - if they considered the evidence and diddn't believe it for example - that's not an error in law - before applying for a review of the decision by the upper tribunal.