Social Security Case Law - Winter 2024

Headnote

A record of proceedings should adequately reflect and indicate the evidence provided at a Tribunal – 41 words was not enough.

Case Overview

The appellant, represented by Community Advice Ards and North down made an application to the Commissioner on the grounds that the Tribunal had erred in law by failing to provide adequate reasons and sufficient detail for its decision; failing to resolve conflicts and by making a contradictory and perverse decision. The application was supported by the Department and the Commissioner allowed the appeal and remitted the case to a newly constituted Tribunal for determination. Commissioner Stockman noted that while the Department’s representative offered support for the claimant’s ground of appeal, stronger support was given in relation to the official record of proceedings that was 41 words in total – which was in total contrast of the comprehensive, specific and focused record provided by the appellants representative. The Commissioner in paragraph 20 commented;

‘It does not appear to me that the tribunal has prepared a record of the proceedings that is sufficient to indicate the evidence given. In the absence of such a record, it appears to me that the tribunal’s reasons for its decision are also inadequate.’