Remy Dhami v Secretary of State for Work and Pensions

Facts

Miss Dhami appealed to the First-tier Tribunal (Social Entitlement Chamber) against a decision of the Secretary of State for Work and Pensions dated 2 February 2023, in a personal independence payment case. The appeal was heard on 5 January 2024 by a panel comprising Judge Pinfield, Mr Norman and Dr Ennals, and the First-tier Tribunal made a decision on it. She challenged that decision on two grounds. District Tribunal Judge Mitchell gave permission to appeal on the second only, that the hearing had been unfair. He had listened to only the last part of the audio recording, from 48 minutes onwards, and thought it arguable that the panel had descended into the arena and cross-examined Miss Dhami. He also thought it arguable that the Senior President of Tribunals' Practice Direction on Child, Vulnerable Adult and Sensitive Witnesses had been overlooked. The Upper Tribunal appeal was long delayed. The Secretary of State's representative had difficulty listening to the audio record, and Miss Dhami was equivocal about continuing. Judge Wright treated one of her responses as a possible request to withdraw, but she asked that the case be kept open. She made no substantive reply to the Secretary of State's submission, which sought to uphold the decision, and did not respond to the directions. The appeal was decided on the papers.