[2025] UKUT 316 (AAC)

Appeal No. UA-2024-001803-PIP

Between:

SJC

Appellant

- v -

THE SECRETARY OF STATE FOR WORK AND PENSIONS

Respondent

Before: Upper Tribunal Judge Stout

Decided on consideration of the papers

Representation:

Appellant: The appellant’s mother

Respondent: Lauren Foody, DMA Leeds

On appeal from:

Tribunal: First-Tier Tribunal (Social Entitlement Chamber)

Tribunal Case No: SC065/22/00622

Digital Case No.: 1666213743151823

Tribunal Venue: Chester (by telephone)

Decision Date: 29 November 2023

SUMMARY OF DECISION

PERSONAL INDEPENDENCE PAYMENT (41)

The appellant had diagnoses of ADHD and dyslexia and a letter from his GP confirming difficulties communicating by telephone. The First-tier Tribunal erred in law by proceeding with a telephone hearing without considering whether it was fair to do so and whether reasonable adjustments could be made, including allowing his mother to provide assistance during his evidence rather than only by giving evidence herself at the end of the hearing.

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

DECISION