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The permission stage
The permission stage
The claimant sought permission from the First-tier Tribunal to appeal to the Upper Tribunal. His representative raised issues of fairness, including arguments that:
the judge’s questioning of the claimant displayed apparent bias, and
the judge’s failure to warn the claimant that the Tribunal could remove points that the Secretary of State had awarded, and was considering doing so, resulted in unfairness.
It was argued further that the Tribunal erred in its approach to scoring the claimant’s ability to plan and follow a journey, to prepare and cook a meal, to wash and bathe, to dress and undress and to engage with other people face to face.
On 22 July 2024 a District Tribunal Judge granted permission to appeal on all grounds argued by Appellant’s representative.
On 9 December 2024 I made Case Management Directions, directing the parties to make submissions on the appeal and to indicate whether they requested an oral hearing.
- Heading
- As the decision of the First-tier Tribunal involved the making of an error of law, it is SET ASIDE under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 and the case is R
- What this appeal is about
- Background
- The permission stage
- The positions of the parties
- Why I have allowed the appeal
- Conclusions