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Tribunal practice

Tribunal practice issues relate to the responsibilities and powers of the tribunal - including its jurisdiction, principles of procedural justice, fairness and the duty on parties to cooperate, tribunal procedure rules, its inquisitorial function and standards of fact finding and reasoning. While there has been PIP case law concerning tribunal practice issues, case law from other benefits may also be relevant.

NB - in Scotland, adult disability payment is replacing personal independence payment and PIP claimants in Scotland will gradually be transferred to the new benefit and have appeal rights to the First-tier Tribunal for Scotland Social Security Chamber- see Appeals to the First tier Tribunal for Adult Disability Payment and Appeals to the Upper Tribunal for Adult Disability Payment.

Case law

Commentary:​ While tribunals are entitled to make observations of a claimant at a hearing, in [2015] UKUT 692 (AAC) a tribunal which used its observations to inform its conclusions in respect of most if not all of the prescribed activities and then failed to put these to the claimant, was held to have erred in law. [2017] UKUT 416 (AAC) also highlighted that, unless the Secretary of State has raised the issue of a less favourable decision in his submission, a tribunal must consciously consider whether to exercise its discretion before taking into account issues not raised by the appeal. 

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