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A psychologist was instructed to assess an appellant’s mental health without receiving the GP records. The solicitors knew that the appellant had reported anxiety and depression and had received treatment.
The First-tier Tribunal took the missing records into account when weighing the report. The Upper Tribunal held that it was entitled to do so.
The case highlights the importance of adequate instructions and access to relevant source material. Experts depend on that material to inform their assessment, while maintaining an independent role distinct from the lawyers advancing the client’s case.
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