[2025] UKUT 117 (AAC)

This appeal was originally listed for final hearing on 13 January 2025. The appellant did not attend, but sent a brief email in advance saying that she was in hospital and wished the appeal to go ahead in her absence. Out of concern for her health and whether she understood the options that were open to her in terms of requesting a postponement, or stay, we did not proceed on that occasion but made directions for the hearing to be re-listed and the appellant given a further opportunity to attend or express her wishes regarding the appeal. The appellant in response made it clear that she did wish the appeal to go ahead in her absence. She also explained that she was in (unspecified) new employment.

The hearing accordingly proceeded in the appellant’s absence, but with counsel and solicitor for DBS present. The Tribunal panel heard submissions from counsel and also asked a number of questions with a view to ensuring, in line with the overriding objective, that the appellant’s appeal was properly considered despite her absence.