The grant of permission
The grant of permission
In granting permission to appeal in relation to daily living activity 9, I observed as follows:-
In this case, the First-tier Tribunal’s decision is on its face well-reasoned and the Tribunal has properly directed itself as to the law. However, I consider it arguable that the First-tier Tribunal has erred in its consideration of daily living activity 9 (engaging with other people face to face). It is arguable that the Tribunal at [30]-[32] has failed to take into account and/or to give adequate reasons for rejecting the evidence from Mr Sowter. Although reference is made to Mr Sowter at [31], as he was not a witness at the hearing, it is unclear how what he said in his “to whom it may concern” letter has turned into an assessment that with his support she could engage appropriately most of the time, or on what basis the Tribunal concluded that her behaviour had improved with time.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal involved an error of law. Under section 12(2) (a), (b)(i) and (3) of the Tribunals, Courts and Enforc
- These Directions may be supplemented by later directions by a Tribunal Caseworker, Tribunal Registrar or Judge in the Social Entitlement Chamber of the First-tier Tribunal
- Factual background The First-tier Tribunal records the factual background as follows
- The First-tier Tribunal’s decision
- The grant of permission
- The approach of the Upper Tribunal
- Why I am allowing the appeal
- Conclusions
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