[2025] UKUT 348 (AAC)

Mr Razzaq, on behalf of the Secretary of State, indicated support for the appeal on the basis that the Secretary of State considered that the Tribunal had erred in failing to keep a complete record of proceedings, the audio recording covering only the first 45 minutes of the hearing, and the written record made by the tribunal judge who presided over the hearing also being incomplete.

Mr Razzaq submitted further that the Tribunal erred in law by failing to consider whether to adjourn the hearing to obtain the ESA85 form relating to the claimant’s ESA award.

Mr Razzaq invited me to set the FtT Decision aside and remit the matter to be reheard by another tribunal.

The claimant’s representative had no further comment to make. Neither party requested an oral hearing.

Given the degree of agreement between the parties, I decided that the interests of justice did not require an oral hearing.