Grounds of appeal?

AlisonHarrison

A friend has just lost a tribuanal case and she has shown me the decision.
She has severe mental health issues and could not face going to the appeal. As well as that, in the tribunal decision, the DIAL advisor who helped her prepare the appeal was severely critisised by the tribuanl because the reasons for appeal were not stated.
I believe that if she had attended the tribunal and the appeal was correctly stated, then she would have won her appeal.
However, does she have grounds for appeal?
I think that the tribunal probably made the correct decsion because of the way the facts were presented and because she did not go. If she had gone, it would have been obvious what her problems are.
I think she probably does not have grounds for appeal, but I would love to be wrong.

Hmm71

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017514

There's a link on this page to the DWP form about appeals and tribunals. I had a quick look at it and section 15 tells you what to do if you disagree with a tribunal decision.

rogerblack

http://www.disabilityrightsuk.org/f39.htm gives guidance on writing an appeal to the upper tribunal.

The simplest appeal would be that you desire the judgement to be set aside due to a breach of natural justice - that the tribunal should have adjourned for more information, or requested a hearing at home, or ...

Unfortunately, writing appeals to the upper tribunal it is hard to determine what is a matter of fact (the tribunal diddn't believe you, and has come to a decision on the evidence it has), and a matter of law - the tribunal applied the law incorrectly or unfairly.

You cannot appeal on matters of fact.
Most important first step is to write urgently to the tribunal, asking for a statement of reasons. (you cannot do this over the phone)

If it has not been one month since the decision, this will automatically extend the time limit to submit an appeal until 2 weeks after the SOR has been received.

Send this recorded, or special delivery - to the address given on the decision. It doesn't need to be of any special form - simply request a written statement of reasons for the decision on <date>, giving your friends name, address, and NI number.

If you are willing to deal with this persons benefit affairs - http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/BeginnersGuideToBenefits/DG_199109 may also be of use.