To be so angry-DLA tribunal

[Hedgehog80]

We have waited 10 months for ds tribunal.
It was booked in for 10am today. Got there at 950am
Went through security, all signed in etc and told to wait in a specific waiting room. After 5 mins in there I thought 'everyone seems to be here for family court or employment??' So I went to reception and asked "am I in the correct waiting area?" I was told yes.
15 mins later I asked again and was told yes and to wait. I clearly explained I was there for dla tribunal.
An HOUR later when I hadn't been called (I assumed as there was a ton of paperwork they were going through it) I asked again.
I was told the hearing had concluded and a decision was made.
I was taken in and told I couldn't speak the decision had been made x,y,z. They then quoted incorrect info about ds and I tried to correct and refer to a consultant letter and school report and was told not to. I couldn't put my case across ????
Can I complain ? Appeal again ? Is tribunal the highest ? Is there an upper tribunal ? They would t give me any info as told me I was in someone else's case time and I had to leave ??
I'm so angry

I don't know anything helpful, but that sounds terrible.

Hopefully someone more knowledgeable will be along.

Complain to your MP and ask them to help.

That can't be right. A friend had one for PIP, and she was in the room with her representative.

Agree about getting your MP involved.

Has or will the decision be given in writing. If so I assume the letter will tell you if there is may means to appeal. If not I eould try Citizens advice as I am sure they will have someone who knows the process. Good luck.

Write immediately asking for the decision to be set aside. Make it clear you were there giving as many details as possible (just about your attendance at the venue, who you spoke to and when). If set aside the decision would be cancelled and a new hearing arranged.

Yes they have given me a letter. I need to actually read the whole thing properly I've been rushing around with dc I need to see exactly what I need to do. My minds all over the place I'm so angry how I was treated.
The fact they quoted incorrect info as well as to how they made their decision

I'm not sure on the answer but I would presume you would need to be in the room.

You would be better posting this in the sen boards as I'd imagine more people would be able to help - good luck

Thanks I'll try and get it moved or re post there

Bloody hell. Just when I think the system can't get worse I hear another horrific situation.

I hope someone sees sense and gets this sorted for you and your family.

Defo go to your MP.

I'm sorry this happened-there was clearly some miscommunication somewhere. You do have the right to be present at the hearing so this is something you should complain about. I would seek advice about this, either from your MP or from a solicitor. Many tribunals are heard without the claimant or their parents/appointee being present though, so I imagine this is why they went ahead. The point is-you wanted to be present and didn't get the chance to. That's unjust.
About the Tribunal result itself, it's tricky as you're arguing that the LT has the facts wrong. Did you not make a tribunal submission in writing in advance?
What needs to happen is that, once the Tribunal has issued its decision and if you disagree with it, you need to ask them for a "Statement of Reasons" which explains how they came to their decision. Once this has been asked for (you have a month) the LT has the chance to review its decision. The LT can correct a mistake in its decision (in which case an award might be made or be increased), set aside its decision (in which case a new hearing date has to be set) or stick with its original decision (in which case you can apply to be heard at Upper Tribunal). The LT reviewing its decision is the point when you have the chance to correct an "error of fact" (ie the LT has the wrong info about the case).
There is an Upper Tribunal but it's not really like a lower tribunal. A lower tribunal simply looks at the case again whereas an Upper Tribunal is much more "courty". The UT will be looking for an "error of law" ie the DM/LT applied the law wrong. You can't appeal simply because you disagree with how they interpret the facts or how they see the situation. You have to apply for permission to access the UT and this will only be granted if there is an obvious legal error. Appealing to the UT is very complex and I would suggest getting a lawyer if that's the route you have to take.
I do hope things work out for you

If they have made a decision based on incorrect information then yes I would appeal. Does it tell you how to in the letter?

Yes I've just read it properly I can ask for the decision to be set aside

The decision letter will explain that you can apply for written reasons. There is a right of appeal on an error of law to the upper tribunal administrative appeals chamber.

the rules on appealing or correcting a FTT decision are in Part 4 of the FTT rules

www.gov.uk/government/uploads/system/uploads/attachment_data/file/488476/consolidated-sec-rules.pdf

The forms for appealing are here

hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do?court_forms_category=Administrative%20Appeals%20Chamber%20(Upper%20Tribunal)

It's just so upsetting as we've waited so long, I was there and I could have gone through the paperwork with them and avoided the clear mistake that's been made it's just so frustrating

If you appealed and attended the appeal but were refused the chance to present your case I'm sure you can appeal to upper tier tribunal that correct procedure wasn't followed.

Legal aid is available for Upper Tribunal (if you qualify financially). See www.lawcentres.org.uk/lcn-s-work/welfare-benefits-upper-tribunal-service

Thats not right!
You're supposed to be in the room with them!
I'd appeal, or put one hell of a complaint in!
If you dont get anywhere mp, id probably also take it to the media ( dobt usually but this is one hell of a cock up)

There is a Facebook group called fight back which helps

Write immediately asking for the decision to be set aside. Make it clear you were there giving as many details as possible (just about your attendance at the venue, who you spoke to and when). If set aside the decision would be cancelled and a new hearing arranged.
Exactly what Testing said above. In the later explain why you want it set aside, and say that if your request is not agreed then you would like a statement of reasons of the decision. Then get specialist advice from welfare right/cab about how to proceed.

By the way, the tribunal is within the law if someone asks for an appeal and fails to show up without reason, to make a decision on the papers. But in your case you did show up and the fault seems to be with the admin people, so that would be good reason for the tribunal to set the decision aside.

Honestly, write and ask for the decision to be set aside. Make sure your letter is factual and polite. Don't ask for a statement of reasons or to appeal to the upper tribunal. These things are a waste of time. Set aside is the quickest way to achieve what you need.

Once set aside, make sure you have put all your arguments in writing and provided any supporting evidence. Don't rely on talking about it on the day, it will be better if you do the work up front. At least now you have an idea of the weaknesses in your case. Plug those gaps and correct those errors. If you can get the stuff together quickly enough send it with your set aside application.