AS v Secretary of State for Work and Pensions (PIP): [2022] UKUT 24 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 20 January 2022.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 11 February 2022

• Categories: Tribunal procedure and practice
• Sub-categories: Tribunal procedure and practice - fair hearing
• Judges: Church, TH
• Decision date: 20 January 2022

Read the full decision in CPIP/729/2021.

Judicial Summary

Tribunal practice and procedure – fair hearing – Senior President of Tribunals’ Practice Direction on ‘Child, Vulnerable Adult and Sensitive Witnesses’ – proper approach to rule 2(2)(c) of the Tribunal Procedure (First-tier Tribunal)(Social Entitlement Chamber) Rules 2008 - whether panel entitled to conclude from evidence that appellant with mental health problems could speak on telephone with representative that it was reasonable to expect her to be able to participate in a telephone hearing – overriding objective – need for flexibility.

Published 11 February 2022