× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Three judge panel decision on ‘coping with social engagement’

Ros
Administrator

editor, rightsnet.org.uk

Send message

Total Posts: 1323

Joined: 6 June 2010

Decision on WCA activity 16 now published -

joined cases CE/3183/2013

http://www.osscsc.gov.uk/Aspx/view.aspx?id=4263

and   CE/1972/2013 -

http://www.osscsc.gov.uk/Aspx/view.aspx?id=4262

decision also expresses disappointment that claimant was not granted legal aid - recording that if he had not been represented pro bono he could not have adequately advanced the legal argument put on his behalf by counsel - and goes on to say that -

’... the grant of legal aid in cases to be heard by a three judge panel is likely to be of great assistance to the Upper Tribunal in resolving difficult and important issues of law that, subject to further appeal to the Court of Appeal, will create precedent and thereby assist in the correct determination of a large number of other cases by the Department and First-tier Tribunals.’

[ Edited: 13 Aug 2014 at 03:28 pm by Ros ]
Dan_Manville
forum member

Mental health & welfare rights service - Wolverhampton City Council

Send message

Total Posts: 2262

Joined: 15 October 2012

I discussed this briefly with counsel a couple of weeks back and got the impression it had gone completely ‘orrible but it’s not that bad on reading it.

The panel keep the scope for “social” contact broad enough to leave arguments open that a trip to the GP or shop alone isn’t enough to break activity 13.

Admittedly my client base might be on the far end of the scale and more likely to benefit from the ratio of the decision but I, for one, am quite happy with this.

BC Welfare Rights
forum member

The Brunswick Centre, Kirklees & Calderdale

Send message

Total Posts: 1366

Joined: 22 July 2013

Ros, the first link is through to a decision on ‘Earnings paid in arrears - period to which they should be attributed’. Is that right?

Ros
Administrator

editor, rightsnet.org.uk

Send message

Total Posts: 1323

Joined: 6 June 2010

oooooops - sorry - edited to link to correct decision now -

cheers ros

Ros
Administrator

editor, rightsnet.org.uk

Send message

Total Posts: 1323

Joined: 6 June 2010

see also this thread on the decision -

http://www.rightsnet.org.uk/forums/viewthread/6889

Simon Osborne of CPAG helpfully says that, in addition to its comments on legal aid funding, it is -

’... the Three Judge Panel decision on an important dispute re the WCA, namely re the approach to the meaning of ‘social engagement’ in Activity 16 and whether it can mean any social engagement or is restricted to that characterized by friendliness, geniality etc. as opposed to that for business or professional purposes.

The finding, crudely speaking, is that it can mean any social engagement, but has to be assessed with regard to the nature of the engagement, given that the context of ability in a workplace requires elements of reciprocity, give and take, initiation and response.’