High Court, in judicial review proceedings concerning the respondent's refusal to make available three medical assessors for cross-examination at impending appeal hearing concerning the initial refusal of a domiciliary care allowance to the applicant in the care of her autistic son, refuses reliefs sought as there is no entitlement to cross-examine on evidence which the deciding officer does not have before it, and the regulations governing the process on appeal permit but do not mandate the presence of the initial deciding officer at the appeal hearing.
Judicial review - application for certiorari, mandamus and declaratory reliefs - decision of respondent to refuse domiciliary care allowance to applicant mother of young child suffering from autism - oral hearing held on appeal to deciding officer - refusal of respondent to agree to applicant's request that the medical experts who prepared reports concerning the child be available at oral hearing for cross-examination - whether applicant denied her right to a fair hearing as a result - whether application moot or premature as respondent not proposing to have regard to such reports at hearing - role of Chief Appeals officer - de novo appeal allowable - medical assessors did not personally examine child - rules of natural and constitutional justice - change in practice of deciding officer not to have regard to medical reports utilised at first instance - whether the removal of the reports by the respondent was ulta vires its powers pursuant to Ministerial regulations - no right to test evidence which has not been adduced and is to be excluded from decision-making process - applicant not entitled to have medical assessors present on appeal - whether applicant entitled to cross-examine initial deciding officer at appeal hearing - regulations permit but do not mandate attendance - appeals process not yet commenced - reliefs refused.