Right to a Fair Trial: (Article 6).
I retired from the Department for Work and Pensions in 2019, spending my last few years in a team that handled appeals against decisions on entitlement to benefit.
I "presented" many appeals at First Tier Tribunals, explaining the decision and responding to any questions asked.
I usually found the tribunal judges to be knowledgeable about procedures and supportive towards claimants. However, since I got involved with REACH Advocacy, it's been interesting to see how often Upper Tier Tribunals find fault with how decisions were arrived at, or were not properly justified, so "revert" the case back to be heard again.
While not aimed at discussing Tribunal Procedures in detail, I hope this group is useful in raising general awareness of the fact that tribunal procedures exist, and helps increase understanding of "points of law" on which an appeal to the Upper Tribunal could become possible.
Article 6 starts off with:
"In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law."
Luton Borough Council v CM (HB)
Right to a fair trial "within a reasonable time"
There are strict time limits for lodging an appeal. Tribunals normally accept reasonable delay where it can be justified by either side.
A decision making authority lodging an appeal six days late? Upper Tribunal Judge Wikely might have gone with it, Instead, he explained why he didn't.
"The Upper Tribunal refused to extend time as it was not fair and just to do so, in part because the local authority had taken over five years to forward the claimant’s appeal to the First-tier Tribunal."