Page 125 - Reforming Benefits Decision-Making

Understanding the process

What to expect

4.60 JUSTICE’s report Understanding Courts found that lay users often go to a
court or tribunal without sufficient understanding of what they should expect
from the process and what the process expects from them. Such uncertainty
and lack of clarity can inhibit the effective participation of the lay user and
365
alienate them. Consultees told us that appellants often did not know what to
expect at the Tribunal, this was frequently to do with confusion around the
two-stage appeals process. Simplifying the appeals process as we recommend
in Chapter 3 should therefore assist in this regard. However, it is also
important that whatever the process, appellants are provided with clear,
accessible and easy to understand information on what to expect at a hearing
to help mitigate any anxiety they may be experiencing about the appeal.

4.61 In response to JUSTICE recommendations, there is already a range of
information available online for appellants about what to expect at their
appeal, in particular:

a) ‘What to expect coming to a court or tribunal’ guide – this is a non-
jurisdiction specific guide for all courts and tribunals. It provides helpful
general information, for example, on when to arrive, who can come with
the appellant, what will happen when they enter the building (security
checks), making sure to silence phones during the hearing, reminding
people they can ask to take a break. It has also been updated to cover
366
Covid-19 related matters.
b) ‘What to expect when joining a telephone or video hearing’ guide – again
this is cross-jurisdictional. It provides practical information on how to
join telephone or video hearings, how to prepare for the hearing, for
example, choosing an appropriate place to be for the hearing and
ensuring devices are charged and what will happen during the hearing
including video call etiquette, for example remaining on mute when not

365 JUSTICE, Understanding Courts (see n. 291 above).
366 HMCTS, ‘What to expect coming to a court or tribunal’ (June 2021)

116