I’ve been asked to assist with a s37/41 for a patient in an MSU who is not only deaf but also has a brain injury. He had a hearing last year with someone else and said it was a disaster and he was largely unable to follow any of the evidence due to it being virtual.
I can see absolutely no reason why a Tribunal cannot consider matters F2F but wondered if anyone had actually had any success in making such an application?
Yes. If you apply you will be asked for specific details about why a F2F is required and the RA view will be requested also. This experience was for a case in England.
I have requested one in Wales for a man who is very hard of hearing, and it was supposed to be a telephone hearing. I gave all sorts of reasons to justify it, but got a response to say basically no
Part of their response was - It is our intention the we should return to face to face hearings for all cases as soon as it is safe and practicable to do so. Once the Welsh Government makes its position clear and we are able to liaise with all the Health Boards and private providers in Wales, we will conduct a risk assessment taking into account the needs of all Tribunal service users including our members, before making a decision about this. At this point in time however, we are unable to agree that holding a face to face hearing in the case you have referred to, is either practical or safe.
Good luck!
Held a F2F hearing today. It was like old times engaging with Tribunal panel. They definitely had a new appreciation. Patient gave positive feedback as well
Glad the F2F hearing went well.
Personally, as a Hospital Manager, I can’t wait to get back to F2F hearings as I feel that patients contesting renewals are placed at a disadvantage in virtual hearings.