Liberal Democrat Councillor Garth Harkness, Shadow Cabinet Member for Employment and Skills, has today written, on behalf of the Liberal Democrat Group on Oldham Council, to the Ministry of Justice calling for benefit claimants to continue to have the right to appear in person at benefit appeals tribunals.

The Government is currently running a consultation on proposals to remove the right of claimants to appear before appeal hearings or to be represented by legal representatives at them.

Commenting Councillor Harkness said:

“As liberals, we believe strongly in justice. We believe that removing this right will deny these individuals one of the longest established rights available to appellants in any court proceedings – their right to appear in person to present their case. This would appear to be totally contrary to natural justice.”

The Government instead wants claimants to submit their appeal online and in writing in future.

Councillor Harkness added:

“If someone chooses to go before a tribunal it is to present extenuating circumstances that may not be apparent in documentation and to demonstrate their sincerity. If a claimant is not before them, the panel members cannot see how debilitating their medical condition is or question them about it.”

“We are not convinced that a tribunal which relies solely upon written evidence in order to make its determination will be fully conversant of all of the relevant facts.

In past cases, where written evidence has been submitted, the quality has often been found to be poor without sufficient evidence of the appellant’s medical history.”

“By insisting that claimants make their appeal on-line, the Government is also assuming that they have the technical skills and physical dexterity to access information technology, and a computer to hand.”

Finally, Councillor Harkness has objected Government proposals to remove the requirement that tribunals include a panel member with direct experience of disability.

In cases involving appeals for disability living allowance, personal independence payments, and attendance allowances, a panel typically includes a judge, a medical professional, and someone with a disability or the carer of one who does.

Councillor Harkness said:

“Their removal will reduce the impartiality and professionalism of the panel.”

Research by the University College London Judicial Institute and the Nuffield Foundation in 2013 found that claimants were almost three times more likely to win an appeal for disability living allowance after an oral hearing rather one determined on written evidence alone (46% compared to 17%).

In conclusion, Councillor Harkness stated:

“The Oldham Liberal Democrat Group believes that these proposals are yet another example of the callous way in which this Tory Government treats disabled people in receipt of welfare benefits. They are cynically designed simply to save money by reducing the need to convene tribunals whilst massively reducing the chances of a claimant with a disability being successful in their appeal and that they are contrary to natural justice and fair play. Consequently we are adamantly opposed to them.”