UT decision - failure of SSWP to provide copy of internal guidance to claimant or tribunal

NM v SSWP (JSA) [2016] UKUT 351 (AAC)

A decision that begins:

“There is little to commend the SSWP’s approach to his decsion making function and his role as respondent on this appeal both before th FtT and on further appeal to the UT”. [para 1]

and includes:

“It is, however, in my judgement difficult to concieve of a more clear cut example of administrative fairness than the need to have plainly relevant guidance that applied in this case put before the FtT ....” [para.20]

May be helpful in other cases where the DWP fails to disclose (in this case not publically available) internal guidance to a claimant or tribunal where it is relevant to a decision under appeal (or any other kind of ‘dispute’).

This case concerned referal to the (to be discontinued) Mandatory Work Activity Scheme, imposition of a sanction for ‘failing to participate’ and failure of the SSWP to refer to his own guidance when making the initial referral or sanction decision.

see previous threads on the MWA and guidance etc inc: http://www.rightsnet.org.uk/forums/viewthread/8462/
http://www.rightsnet.org.uk/forums/viewthread/8462/ www.rightsnet.org.uk/forums/viewthread/775/

EDIT: opps have managed to post this in the ESA rather than JSA forum!

Moved to JSA :) - Daphne