Reasons to request Statement of Reasons from Tribunals.
A list of acceptable “reasons” for applying for a SOR to Tribunal for ESA/PIP/DLA.
There is of course no full or comprehensive list of events which mean a Tribunal hearing hasn’t been carried out properly, but we feel some of the following would certainly strongly suggest that the hearing wasn’t conducted properly, and therefore worth applying to the Tribunal for a written Statement of Reasons explaining the decision in full.
These might include:
A foreign-language interpreter not being present when requested by the appellant.
Anyone present at the hearing who the appellant wishes to speak to the Tribunal panel being refused permission to speak or cut short.
The appellant not being given the opportunity to say anything that they wish to say or being cut short.
The Tribunal refusing to accept any written evidence which the appellant wishes to present.
The appellant not having received any part of the evidence used by the Tribunal in making its decision, such as missing pages from the evidence bundle or last minute submissions from DWP not shared with the appellant
The Tribunal relying on key items of evidence without discussing them with the appellant, such as looking at Google Maps to gauge the length of journeys, or relying on information contained within the ATOS or Capita assessors’ report without asking for the appellants’ comments on it.
The Tribunal relying on medical evidence which is contradicted by the appellant without explaining why they have disregarded the appellant’s opinion.
The Tribunal not taking into account any specific item of particularly relevant evidence, such as a GP letter saying how far a person can walk.
The Tribunal panel members obviously not paying attention during the hearing
The Tribunal failing to ensure a fair hearing by not making adjustments for an appellant’s or witness’ disability or impairment.
This could include things like failing to dim lights if a person is photosensitive as well as obvious things like a hearing loop or BSL interpreter.