Sheffield ME and Fibromyalgia Group – written evidence (CIC0013)

 

House of Lords Constitution Committee

Inquiry into the Constitutional Implications of COVID-19

 

 

Introduction & reason for submitting evidence

 

  1. I am writing on behalf of the Sheffield ME and Fibromyalgia Group to share the experiences from our service of virtual tribunal hearings over the last few months. We have found that the move to virtual hearings has overwhelmingly benefited our client group.

 

  1. The Sheffield ME and Fibromyalgia Group supports over 200 members across South Yorkshire and North Derbyshire. ME and Fibromyalgia are chronic illnesses; common symptoms which people living with these illnesses experience include chronic pain and fatigue, reduced mobility and communication difficulties. The Sheffield ME and Fibromyalgia Group runs a benefits service which includes representing clients at benefit tribunals.

 

Findings

 

  1. Virtual tribunal hearings have benefited our client group in the following ways:

 

Point 1

In response to question 2: The impact on litigants

 

  1. Virtual hearings minimise the negative physical and emotional effects of appealing a benefit decision on our client group.

 

  1. Many of our clients are housebound and find attending in-person hearings very physically demanding.

 

  1. Attending a hearing in-person often has significant negative effects on people’s physical symptoms. For example, following an in-person assessment, some of our clients report the need to stay in bed all of the following day to rest and recover.

 

  1. Our clients also find in-person hearings extremely emotionally challenging. Many clients are very anxious on the lead up to their hearing date, which again has a detrimental effect on their overall health.

 

  1. Virtual hearings do not eliminate these negative effects; the cognitive effort of answering questions in detail, often for over an hour, inevitably uses up a lot of our clients’ energy resources. However, by avoiding the need to travel, and allowing people to participate from their own homes where they feel most comfortable, virtual hearings do significantly reduce the negative impact on both the mental and physical health of our clients.

 

Point 2

In response to question 8: Extending access to justice

 

  1. Virtual hearings may make claimants more likely to appeal benefit decisions, therefore increasing access to justice.

 

  1. Many of our clients find the process of appealing a benefit decision to be a stressful experience which can last many months. Due to the short award lengths for Personal Independence Payment- the majority receive an award of less than 2 years- some of our clients go through the appeals system multiple times.

 

  1. We have found that some clients decide not to appeal benefit decisions, not on the basis of a lack of a strong case, but because of the significant negative impact they anticipate.

 

  1. If claimants knew that they would have the option to have a virtual tribunal rather than having to attend in-person, this might make them more likely to appeal benefit decisions.

 

 

Point 3

In response to question 2: Impact on litigants

 

  1. Virtual hearings may help to clear the backlog of benefit tribunals.

 

  1. The majority of our clients wait more than 12 months from when they lodge appeals relating to Personal Independence Payment decisions to their hearing date.

 

  1. While, if the appeal is successful, benefit entitlements are backdated, this still means a long period of going without money which claimants need, forcing people either to take on debt or go without important forms of support.

 

  1. Furthermore, as tribunals assess how a claimant was at the time of the initial decision, longer waiting periods make it more difficult for claimants to properly answer questions from the panel.

 

  1. Reducing waiting times for benefits tribunal hearings will have significant positive impacts for claimants.

 

 

Point 4

In response to question 2: Impact on the advice sector

 

  1. Virtual hearings reduce demand on advice services.

 

  1. As part of our benefits service we offer to attend tribunal hearings with clients, particularly in cases where clients do not have a friend or family member to attend with them. Virtual hearings cut out travel time and costs.

 

  1. This also makes it more likely for advisors to be able to attend hearings, enabling us to provide support to those most in need.

Point 5

In response to question 1: How effective are virtual court and tribunal proceedings?

 

  1. Virtual tribunal hearings improve quality of communication for claimants living with ME and Fibromyalgia.

 

  1. Many of our clients find that physical exertion causes a worsening of all their symptoms, including difficulties with understanding and communicating. Virtual tribunals mean that our clients can focus their energy resources on answering questions from the panel, rather than using up energy getting to an in-person hearing.

 

 

Summary & recommendation

 

  1. From the experiences of our service, virtual benefit tribunals have had significant positive impacts for our client group, and following the end of social distancing measures claimants should be able to request a virtual hearing.

 

Thanks for taking the time to read this submission,

 

Yours faithfully,

Ellie Jones

Welfare rights advisor

Sheffield ME and Fibromyalgia Group