What's the role of the representative in atribunal

Hello I am new.
I am so pleased I came across this site
it's already been a breath of fresh air.

I had a tribunal on jan 11th for DLA.
I've had a mental health condition since 1995, I was diagnosed with paranoid schizophrenia in 1997 when I was hospitalised.
I applied for DLA in March 09 after being hospitalised for 6 weeks in Nov 09 for psychosis. My condition fluctuates but as well as psychosis I experience depression, anxiety, insommnia and a lack of motivation to do stuff.
I have a representative but I've only met her once several months ago. She seems nice but very busy, often I have to chase her down with phone calls and it's been me who's suggested getting various bits of evidence from my GP etc.
A week before my tribunal I called her several times suggesting I put in my Advanced Directive but she did not reply.
I managed to get through to her the day before my tribunal and she mentioned a few things I should say.
Eventually the tribunal was adjourned because they ran over time but I'm concerned that she doesn't know enough about my case to represent me. I should have another hearing in March.
Please can anyone tell me what the role of the representative is and what to expect from them. I'm considering trying to get someone else.
The difficulty is my condition has changed since my form was filled in 10 months ago.

Thanks that is helpful can a friend represent me?
Also does telephone support count as supervision through the night. I often spend a long time talking to friends or help lines like the samaritans sane line etc. on the phone to settle me in the night just wondering if this would be permissable evidence for middle rate care

Hi Helen

There is a difference between a representative, a witness, and a companion.

A companion is somebody who attends the hearing for moral support, but takes no part in proceedings. A witness will be allowed to speak and give evidence to the tribunal to support your case. Anyone who knows you well and understands how your disability affects you could be a useful witness.

A representative is expected to have a good understanding of benefit law and tribunal procedure. It is for this reason that a bad representative can do more harm than good. If you are represented, a tribunal is not required to address certain issues unless your representative raises them, but they would if you were unrepresented.

If you have a friend accompanying you to the hearing, tell the Clerk who will speak to you before the hearing that he/she is a friend and (if appropriate) would like to speak as a witness.

Best of luck

Derek

helenmelon wrote:

Also does telephone support count as supervision through the night. I often spend a long time talking to friends or help lines like the samaritans sane line etc. on the phone to settle me in the night just wondering if this would be permissable evidence for middle rate care

Unfortunately any attention/supervision over the telephone, no longer counts for DLA purposes.

There was a Commissioner's decision supported by the Court of Appeal almost eleven years ago now (CDLA/1148/1997 [2nd decision]), where the assistance gained over the telephone led to an award of the middle rate of the care component. However, following the decision the government changed the law to determine that the attention/supervision had to be carried out in the presence of another person, which would invariably be a carer. Although I have a copy of this decision, I cannot upload it to the forum, and the second decision does not appear to be available on the internet.

There is however another Commissioner's decision which you may find useful, and may meet your circumstances for night time care needs. The decision in question is CDLA/12912/1996 which can be found by scrolling down the list, which is in chronological order on the Rightsnet website.

Even if you live alone, as strange as it may seem, you may still be able to benefit from this decision if you can demonstrate that you reasonably require the help as needed, with disturbed sleeping patterns.

I suppose that explains why 'the presence of another person' pops up so frequently in ESA.