Tribunal practice – reliance on specialist knowledge of tribunal member not disclosed to the parties – whether breach of the rules of natural justice
The claim was in respect of invalidity benefit. On 8 August 1989 an adjudication officer decided on review that from 22 August 1989 the claimant had not proved that he was incapable of work. The SSAT upheld the decision of the AO following advice from a tribunal member who had experience of work carried out by handicapped people. The claimant appealed to the Commissioner.
Held that:
the AO and SSAT misdirected themselves on the onus of proof. On review and revision of an award the onus is on the AO to establish incapacity for work (para. 3);
there was a breach of natural justice because the specialist knowledge of the member of the tribunal was not presented as evidence. The claimant’s representative was not given the opportunity to comment;
because of their inquisitorial role SSATs are not bound by the strict rules of evidence. Members are not restricted to drawing on expertise to elevate evidence. Unlike justices, who exercise a wholly judicial function, they may present evidence on the tribunal based on personal knowledge;
it was open to the member of the tribunal to speak of specialist knowledge which was in the nature of evidence. This evidence should however have been presented at the hearing where all parties would have the opportunity to challenge it. It must not be given to the tribunal in the privacy of their deliberations (para. 4).
The Commissioner set aside the decision of the tribunal and remitted the appeal to be heard by a differently constituted SSAT (para. 5).
Citations:
[1993] UKSSCSC CS – 142 – 1991
Links:
Jurisdiction:
England and Wales
Benefits, Natural Justice
Updated: 15 July 2022; Ref: scu.269500
