Social Security Case Law - Winter 2024

Headnote

The Tribunal has an inquisitorial jurisdiction, which may require it to occasionally ‘read between the lines’ when deciphering clients evidence and case facts.

Case Overview

In this case, represented by STEP NI, the Tribunal failed to seek additional evidence in relation to the claimant’s learning difficulties. The Commissioner noted that in circumstances where an appellant is missing key evidence, the Tribunal has an inquisitorial role to determine the key facts of the case. In this particular circumstance, the Commissioner noted that the Tribunal’s decision to dismiss the appellant’s mother’s evidence for lack of credibility, without considering other evidence which might shed additional light on their particular situation and the impact of their condition deprived the appellant of a fair hearing and amounted to an error of law. It was also noted that the Tribunal could have adjourned their decision while providing directions for the evidence to be provided. The Commissioner granted the appeal and remitted it to a newly constituted appeal panel and highlighted the need for a Polish interpreter to be at the new hearing.