McGhee and Secretary, Department of Social Services (Social services second review)

The Administrative Appeals Tribunal, with Member S. Webb presiding, considered the appeal of Mr McGhee against a decision of the Secretary, Department of Social Services. The dispute concerned the eligibility of Mr McGhee for social services benefits, with the Tribunal affirming the decision under review.

The central legal issue before the Tribunal was whether Mr McGhee met the criteria for the social services benefits in question, based on the evidence presented regarding his medical condition and its impact on his capacity.

The Tribunal's reasoning, as indicated in the decision, focused on the available evidence and the matters that had been ventilated in the proceedings. While acknowledging the possibility of a rare brain condition, hydrocephalus, and its potential to explain Mr McGhee's symptoms, the Tribunal noted that this possibility had not been investigated or established by evidence in the current proceedings. Consequently, the Tribunal affirmed the decision of the Secretary, Department of Social Services.