× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Adverse Inference. DWP destroys evidence

Lawtcrav
forum member

Halton Disability Advice & Appeals Centre

Send message

Total Posts: 53

Joined: 3 June 2013

In the 80s and 90s during the Reg 72 campaign the then DHSS regularly destroyed evidence on file which was relevant to appeals. Not surprisingly it was evidence which assisted the appellant’s case.  The Commissioners held that this should go against the DHSS’s case. Does anyone remember the citations of these decisions?

Jon (CANY)
forum member

Welfare benefits - Craven CAB, North Yorkshire

Send message

Total Posts: 1362

Joined: 16 June 2010

Last case I had with this issue, DWP relied on CIS/620/1991, which is difficult to get round.

Can you show that documents were destroyed against their own data retention policy? You might have to dig around to find the relevant one, e.g. see the DWP guides given in these replies, dating from 2008, or 2011.

Lawtcrav
forum member

Halton Disability Advice & Appeals Centre

Send message

Total Posts: 53

Joined: 3 June 2013

The case is a DLA fraud case which turned into a small overpayment. Just before the interview under caution the fraud officers claimed they had CCTV footage of the claimant using the gym in a leisure centre. The claimant claims he has never used the gym because of his disabilities, which is credible. Throughout the interview the fraud officers refer to the claimant being in the gym. Each time they did the claimant denied use. 
After some digging it turned out the staff at the leisure centre had been swiping in the claimant as using the pool,sauna and gym. The claimant received an apology for this. He then asked the DWP to give him a copy of the CCTV footage.
The DWP refuse on the grounds that on reviewing the footage it is probably not the claimant. However, it is a man who is similar who the claimant has allowed to use his monthly ticket. Without going into the detail but this allegation is ludicrous on many grounds including the claimant’s ticket was not used that day. However, the allegation of dishonesty has never been withdrawn. I have suspected since day one that the CCTV footage did not exist. I have asked for it numerous times. The last but one hearing directed the DWP to disclose it. The DWP now say it has been destroyed as per normal procedure and the fraud department has moved office.
The reason I wanted the evidence disclosed so I could test the credibility of the fraud officers.
The same officers submitted 19 minutes of video evidence taken over 4 months all of which shows my client on good days in summer walking. He claims that there must have been times when the DWP filmed him walking on bad days but this has not been disclosed.  Obviously, this cannot be proved but it becomes more likely if I was able to undermine the credibility of the fraud officers.
The case has been ongoing for 3 years. The DWP has been on notice that disclosure was required for most of that period. The claimant has copious medical evidence which supports his case including 2 reports by orthopaedic consultants and one from a professor of psychiatry. I am reading CIS/1481/2006.
Any suggestions would be welcome.

editquote

Dan_Manville
forum member

Mental health & welfare rights service - Wolverhampton City Council

Send message

Total Posts: 2262

Joined: 15 October 2012

See guidance attached

Thanks to Mark Perlic for the summary

File Attachments

Lawtcrav
forum member

Halton Disability Advice & Appeals Centre

Send message

Total Posts: 53

Joined: 3 June 2013

thanks D and Mark