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Permission for judicial review granted re PIP delays
Via Irwin Mitchell -
‘Lawyers have been given the green light to launch a judicial review into the Department for Work and Pensions’ system for providing essential payments to disabled families, on behalf of vulnerable people who have been “left in the lurch” and have faced waits of up to 13 months for vital support.’
PIP delay issue in High Court today and tomorrow ...
... Judicial Review on the grounds that delays are so unreasonable that they are unlawful.
R (On The Application of Ms C and Mr W) V The Secretary of State for Work and Pensions V Zacchaeus 2000 Trust CO/4922/2014
More from Irwin Mitcell: http://www.irwinmitchell.com/newsandmedia/2015/may/judicial-review-hearing-on-pip-benefits-jq-1019616
[ Edited: 14 May 2015 at 12:39 pm by shawn mach ]Judge has reserved judgment and has retired to consider her verdict. Mrs Justice Patterson gave no date for when a verdict might be returned.
BBC reporting that High Court has ruled that PIP delays unlawful…
here’s a press release on the judgment from Leigh Day Solicitors -
http://www.leighday.co.uk/News/2015/June-2015/Government-found-to-have-acted-unlawfully-over-dis
the actual judgement on BAILII
rightsnet news story to follow….
Excellent! Really pleased about this one.
rightsnet summary now published -
Does this now mean anyone who had to wait this long can now seek compensation for the delay as thi sis clearly Maladministration, and a lot of my customers had very large backdate so interest aspect of compensation should highish in DWP terms.
Here’s the Minister for Disabled People’s response to last week’s judgment -
Here’s the Minister for Disabled People’s response to last week’s judgment -
Response? Sigh!! I didn’t expect the blinkers to come off anyway.
All PIP awards are backdated to the time of the claim, so ultimately no-one has suffered financial loss as a result of a delay.
Factually incorrect statement in the case of DLA to PIP transfers.
It is an interesting question about what the implications of the judgment are for the many other claimants who’ve experienced long delays.
The claimants weren’t awarded civil damages by the Court so doesn’t seem to be a precedent for others to claim damages.
Irwin Mitchell solicitors, who represented the claimants, say -
‘We are now hoping to begin discussions with the DWP to establish a scheme to ensure anyone who experienced a delay which could be deemed unlawful is able to receive some form of effective redress without the need to take court action.’
Not sure what that effective redress would be apart from Compensation for Maladministration scheme as mentioned by Neil above-
https://www.gov.uk/government/publications/compensation-for-poor-service-a-guide-for-dwp-staff
Does anyone else have a view?