Tribunal soon - Need advice re: Waiting hours!!

Hi there everyone,

My neighbour, Dani, is sharing my membership; she has her PIP tribunal on 26 January, 2015. She has a crushed tailbone and Ehlers Danlos Syndrome and, as such, can't sit for any length of time without needing to lie down.

The advice in your Guide says that she may need to wait hours to be seen on the day. We rang the Centre for Independent Living as well as the venue itself (a large church) and asked if we could borrow any OT equipment they keep for trial use, e.g. a bed or a reclining chair.

Unfortunately, they've discontinued the Equipment Trial Use programme and the Church has nothing to offer. Any longer than 10 or so minutes and Dani will be in no fit state to continue.

Can you please advise how we might handle this situation? Obviously, she doesn't want to cause a scene on the day or do anything to jeopardise a fair hearing.

Thanks so much for your wonderful guides, support and wisdom. We'll be happy to report back on the outcome of the tribunal if you feel it will contribute to B&Ws store of knowledge.

Wishing staff & members a joyful & victorious 2015!

Melissa Chapin

Hi,

Welcome to Benefits and Work

My best advice would be to contact The Clerk to The Tribunal in writing ASAP.

You should have e-mail contact details on the letter confirming the date of the hearing.

You could give details of the problems that you have mentioned in your post, and ask that "Reasonable Adjustments" are made to accommodate your neighbour.

These "Adjustments" could be that your neighbour is not kept waiting, maybe they could bring her hearing forward to the first of the day.

The Tribunal is duty bound to make Reasonable Adjustments under : Sections 20/21 of The Equality Act 2010, and also have a "Duty of Care" under : Section 149 of EA2010.

Your only other choices, although it is rather late in the day would be to request a "Domiciliary (Home) Hearing", or try and opt for a Paper Hearing where your neighbour does not have to attend in person.

Unfortunately, the success rate for Paper Hearings is far less than that of Oral Hearings.

Remember, Tribunals are used to dealing with very disabled appellants, and if at all possible it may help your neighbours case if the Tribunal Panel actually see how the neighbours limitations adversely affect them.

In any circumstance, I would advise that you contact The Clerk to make them aware of your neighbour's problems in advance.

Any changes needed, may result in an Adjournment to a later date.

Good Luck, and have a look at the following :

Preparing for a Tribunal

Link no longer available, therefore deleted.

www.benefitsandwork.co.uk/forum?view=top...id=10&id=87354#87354

Please do let us know how things progress.

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