DWP unlawfully stopped people going to tribunal to challenge refusals, judges say

[honeybee13]

Article from the Guardian.

 

The Department for Work and Pensions has been unlawfully stopping people going to tribunal to appeal against decisions to refuse them benefits, three senior judges have ruled.

The upper tribunal found it was wrong for the DWP to refuse claimants the right to appeal if they took more than a month to ask for a review of the benefit decision.

 

https://www.theguardian.com/society/2017/aug/04/uk-judges-rule-dwp-wrong-to-deny-appeals-over-refused-benefits

 

HB

[Bazooka Boo]

Oh yes, the ''four week'' rule!

 

DWP is NOT fit for purpose full stop.

[honeybee13]

Did you notice the bit about the DWP having a target to uphold 80% of its decisions at the MR?

 

HB

[speedfreek]

Sort the title out to something more meaningful please HB!

 

DWPs refusal of late Mandatory Recosiderations ruled unlawful by Upper Tribunal - or something along those lines?

 

Link to CPaG (who brought the case) press release

 

http://cpag.org.uk/content/cpag-wins-breakthrough-case-operation-late-mandatory-reconsideration-scheme-ruled-unlawful

 

Link to decision

 

https://www.gov.uk/administrative-appeals-tribunal-decisions/r-cj-and-sg-v-secretary-of-state-for-work-and-pensions-esa-2017-ukut-324-aac

 

Mandatory reconsideration - Late request for reconsideration of decision refusing entitlement to ESA - Whether appellant has right of appeal to FTT where Secretary of State refuses to extend time to admit late application for reconsideration or whether appellant’s only remedy is an application for judicial review - Access to justice - R v SSHD ex p Saleem considered.

[speedfreek]

I'm asking because this isn't just criticism......... that Guardian article is a little bit wide of the mark tbf.

 

When the DWP introduced it's Mandatory Reconsideration initiative, it also decided that it and it alone could decide if it would accept your Mandy if it was late! The DWP also decide that their would be no appeal rights against their decision if you felt that this was unfair.

 

Initially 4 years ago all was well and all late Mandys were accepted, but..... there was always this nagging doubt that this would become another arbitrary tool to deny people natural justice and that this burden would be placed squarely and firmly on those least able to cope. And guess what? In true Scooby Doo style the DWP was planning on doing just exactly that all along! Whilst if it wasn't for those pesky UT Judges.......

 

You now have appeal rights on a late Mandy acceptance decision! But not only that.....

 

The ruling also means that anybody who has had a late Mandy refusal over the past 4 years can now challenge that decision.

 

So it's a huge repeal of a fundamental DWP policy and for the reasons above pretty important that this decision be found by others!

 

I would have posted this morning but you beat me to the punch.

[Nystagmite]

Did you notice the bit about the DWP having a target to uphold 80% of its decisions at the MR?

 

HB

 

What a waste of tax payers money. I thought a) you could only be refused on a point of law and b) the idea of PIP was to save money. Looks like given the amount of people who win at tribunal, (last I heard it was 65%) they've spent more than it's saved.

[honeybee13]

It's crazy, isn't it, Nystagmite? I think the article says the win rate at tribunal is 59% from memory.

 

HB

[speedfreek]

Cheers my darling

 

That will do nicely!

 

Oh and thank you

[honeybee13]

I'm pleased that you're happy now.

 

HB

[photoman]

Here is a link to the judgement.

 

 

The important bits are the opening summary, and paragraph 98, which appears on page 41.

 

Our conclusion in summary

98. We are concerned with the situation where a claimant sends the Secretary of State a request for a mandatory reconsideration (a revision application) to which the Secretary of State responds by stating that the application is late and does not meet the criteria for extending time. We have concluded that as a matter of statutory interpretation a claimant in such circumstances has a statutory right of appeal to the FTT.

[Bazooka Boo]

Admittedly I've not read the whole of the judgement, as it's just come in to my inbox, and I'm off to bed, but it seems that the DWP/Govt have been shown for what they really are, and it is now well known that they have deliberately colluded in an attempt at blocking appeals.

 

Blood on their hands!

CE_0766_2016-00[1].pdf

[dx100uk]

not working BB

[dx100uk]

sorted it for you

 

 

dx

[Bazooka Boo]

sorted it for you

 

 

dx

 

Cheers DX,

[speedfreek]

Might be worth linking this thread to this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?480078-Department-for-Work-and-Pensions-unlawfully-stopped-people-going-to-tribunal-to-challenge-refusals-judges-say

 

As it has a link to the case/press statements from CaPG who brought the action plus a few other things. Like a description of why it matters and how if effects you.

[essexmat]

At the end of the day no mater how sick you are it is all about budgets - the DWP, ATOS (or whatever they are called this week), UC and the benefit system as a whole is a mess. From experience it REWARDS those who have abused it and those that are honest and genuinely need it get their money slashed. The DWP are making people ill and contributing to mental health and suicide and that is a FACT

[spitfire1964]

At the end of the day no mater how sick you are it is all about budgets - the DWP, ATOS (or whatever they are called this week), UC and the benefit system as a whole is a mess. From experience it REWARDS those who have abused it and those that are honest and genuinely need it get their money slashed. The DWP are making people ill and contributing to mental health and suicide and that is a FACT

 

Spot on, sums it up essexmat.

 

The main problem is that their is no protection and these assessors and the DWP know they can say and do what they want and get away with it, period.

 

If doctors acted like these assesors and balatantly lied, they would be held accountable and struck off if they were found to be fabricating medical evidence, there are accountable to know-one, act like a bully and know they can get away with it.

 

I am in the process of making application for criminal charges to be laid by way of a magistrates warrant through a private criminal prosecution in the hope other assessors and those who profit from their crimes think twice before they lie through their back teeth to meet their targets.